IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 Li 12.8 2.5 2.2 iluu J^ Va PhotDgraphic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MS80 ( 716 ) 872-4503 \ ^ <^ 4^\ O^ CIHM/ICMH Microfiche Series. CIHIVI/iCMH Collection de microfiches. Canadiair Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Tachnical and Bibliographic Notas/Notas tachniquas at bibliographiquaa Tha Instituta has attamptad to obtain tha bast original copy availabia for filming. Faaturas of this copy which may ba bibliographicalJy uniqua, which may altar any of tha imagas in tha raproduction, or which may significantly changa tha usual mathod of filming, ara chackad balow. □ Colourad covars/ Couvartura da coulaur I I Covars damagad/ D D D n D Couvartura andommagia Covars rastorad and/or laminatad/ Couvartura rastauria at/ou palliculte I I Covar titia missing/ La titra da couvartura manqua I I Colourad maps/ Cartas gtegraphiquas an coulaur Colourad ink (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) Colourad platas and/or illustrations/' Planchas at/ou illustrations wi coulaur Bound with othar matarial/ Rail* avac d'autras documants r~yi Tight binding may causa shadows or distortion along intarior margin/ La tB iiura sarria paut causar da I'ombra ou da la diatorsion la long da la marga intiriaura Blank laavas addad during rastoration may appaar within tha taxt. Whanavar possibla. thasa hava baan omittad from filming/ II sa paut qua cartainas pagaa blanchas ajoutias lors d'una rastauration apparaissant dans la taxta. mais, iorsqua cala Atait poasibia, cas pagas n'ont pas iti fiim^t i. Additional commants:/ Commantairas suppiAmantairas; L'Institut a microfilmi la mailiaur axamplaira qu'il iui a itt possibla da sa procurar. Las dAtaiis da cat axamplaira qui sont paut-Atra uniquas du point da vua bibliographiqua. qui pauvent modifier una imaga raproduita. ou qui pauvant axigar una modification dans la mAthoda normala da filmaga sont indiqute ci-dassous. r~n Colourad pagas/ n This itam is fiimad at tha reduction ratio chackad balow/ Ca document est fiimi au taux da rMuction indiquA ci-dessous. Pagaa da coulaur Pagas damaged/ Pagas endommagtes Pages restored and/oi Pagas rastaurias at/ou palliculAes Pages discoloured, stained or foxe< Pages dicolor^es. tacheties ou piquies Pagas detached/ Pages ditachtes Showthrough/ Transparence Quality of prir Qualit* inigala de I'impression Includes supplementary matarii Comprend du matiriei suppi^mentaira Only edition available/ Seule Mition disponible rn Pages damaged/ |~n Pages restored and/or laminated/ r~y| Pages discoloured, stained or foxed/ I I Pagas detached/ r~T| Showthrough/ I I Quality of print varies/ I I Includes supplementary material/ r~~| Only edition available/ 1 a 7 V h d • b ri r< nr Pages wholly or partially obscured by errata slips, tissues, etc.. have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un fauiilet d'errata. una pelure, etc., ont M fiimies A nouveau de facon A obtanir la meiileure imaga possible. 10X 14X 18X 22X 26X 30X i y 12X 16X 20X 24X 28X 32X The copy film«d here hat bean raproducad thanka to tha ganaroaity of: L'axamplaira filmA f ut raprodult grica A la g4n4roait* da: UnivtnM de Montrial UnivaraM de Montreal Tha imagaa appaaring hara ara tha baat quality poaaibia conaidaring tha condition and laglbility of tha original copy and In kaaping with tha filming contract apacif Icatlona. Original coplaa in printad papar covara ara fllmad baginning with tha front covar and anding on tha laat paga with a printad or illuatratad impraa- sion, or tha back covar whan appropriata. All othar original coplaa ara fllmad baginning on tha first paga with a printad or illuatratad impraa- sion, and anding on tha laat paga with a printad or illuatratad Impraaalon. Tha last racordad frama on aach microficha shall contain tha symbol — »• (moaning "CON- TINUED"), or tha symbol V (moaning "END"), whichavar appllas. Maps, piatas, charts, ate, may ba fllmad at diffarant raduction ratios. Thoaa too larga to ba antiraly Includad in ona axposura ara fllmad baginning in tha uppar laft hand cornar, laft to right and top to bottom, as many framaa aa raqulrad. Tha following diagrams lilustrata tha mathod: Laa imagas suivantas ont 4t4 raproduitas avac la plus grand soln, compta tanu da la condition at da la nattat* da l'axamplaira film*, at an conformity avac las conditions du contrat da filmaga. Las axamplairas originaux dont la couvartura Bn papiar aat imprlmte sont filmte •n commandant par la pramiar plat at an tarmlnant soit par la darnidra paga qui comporta una ampralnta d'Impraaalon ou d'lllustration, soit par la sacond plat, salon la caa. Tous laa autraa axamplairas originaux aont filmfo an comman9ant par la pramlAra paga qui comporta una ampralnta d'Impraaalon ou d'illuatratlon at an tarmlnant par la darniAra paga qui comporta una talla ampralnta. Un das symbolaa suivants apparattra sur la darnlAra imaga da chaqua microficha, salon la cas: la aymbda -^^ signifia "A 8UIVRE", la aymbola ▼ signifia "FIN". Las cartaa, planchas, tablaaux, ate, pauvant Atra fllmte it das taux da rMuctlon diffArants. Lorsqua la documant ast trop grand pour Atra raprodult an un saul ciich*, 11 ast f ilm« A partir da i'angia aupAriaur gaucha, da gaucha A droita, at da haut an baa, an pranant la nombra d'imagas nAcassalra. Laa diagrammas suivants lilustrant la mtthoda. 1 2 3 1 2 3 4 5 6 cm: ^ UBBUfOAC COPIES or CORRESPONDENCE BnWBBH TBg CHIEF SUrERINTENDENT OF SCHOOLS FOR UPPER CANADA, AND OTHER PERSONS, ON TBI SUBJICT OF SEPARATE SCHOOLS: \(BSmO A CONTINUATION OF THE RETURN LAID BEFORE THE HOUSE, AND PRINTED ON THE 11 th SEPTEMBER. 1832.) 1* yrlntr) bi| oxiti of ti|e legtslatine ^smblii. I ■f ■ii i ■'■ J' ,U;.f. r- TORONTO: LOTEtL k OIBSOK, OORNEH OF TONOE AND MELINDA STBBI' 1855. i cd^r m') L'J vtia- TMHnV!3T?!IHMII8 'iliu ,i-Mh'V!j:^ fM'ini-ix(^ ?!0?^a}n JUfHTO Q^Al %t' T.ii.nm Tsifti '•■■> .. ^ . • - . - ' ' i -^rf.,-» . .# ^ A .tfidnf^ssl i!;ifc!lf?ji! '^it^ 15|^ 1*1 l^t: rr f.-*i-- if^. "♦, RETURN To AN Address of the Leoislativb Assembly to His Excellency the Governoi Genbral, dated the 2nd ult., praying His Excellency to cause to be laid before the House " a copy of all Correspondence which has passed between the Chief ** Superintendent of Education in Upper Canada, and any other persons, since "the first day of January, 1853, on the subject of Separate Schools.'' By Connmand, Secretary's Office, Quebec^ lOth May, 1855. GEO, ET. CAUTIER, Secretary. .1. in [No. It87. N.] Sir, Education Office, Toronto, SOth April, 1855. I have the honor to acknowledge the receipt of your letter of the 3rd instant, requesting me, by command of the Grovemor General, to furnish you, for the inform mation of the Legislative Assembly, with a copy of all the Correspondence which has passed between me, in my capacity as Chief Superintendent of Schools for Upper Canada, and any other persons, since the first day of January, 1853, on the subject of Separate Schools. I herewith transmit a copy of the Correspondence required, as also a copy of the Separate School clauses of the School Acts and Bills, and blank forms of School Returns which are referred to in the Correspondence. I havt the honor to be, be. (Signed,) £. RYERSON. £. A. Meredith, Esquire, AssittaiU Secretary oftht Province^ Quebeot ^ilUTEil ;';iJC-t-..'T -.-,:, -sj^ ■:_-:•■:•.- -^ — »--: i- :■(•.)!•-. iO 1'f.V .<:«1«l ,Vi-t<\^K « '.'I ,-i,i-n./C I..« .\*i»K . tVil ,aiJi .•^A /!«.' oJ jonoJ -;>M' »>J^;i i .VKBiirtYH ^.^'m; j'^TiiipgCi .!!itc'Si':i' ^ ;* I \ !f SCHEDULE OF CORRESPONDENCE ON SEPARATE SCHOOLS IN UPPER CANADA. ^ OENEBAL C0BBE8F0NDENCE. 1. FroTisiona of the Law relating to Separate Schools in Upper paqb Canada: Common School Act of 1880, 18 ft U Vic, cap. 48 ,. 11 Separate School Act of 1861, 14 ft 15 Vic, cap. Ill \i 8app!«m«n«ary School Aol of 1868, 16 Via, cap. 166. 18 2. The Chief Superintendent to the Honorable Inspector General Hincks : 2Qth Aug., 1852. ' ' Bxpluatory femarkt on the proTidoni of a draft of a bill reladng to Separate Schools. (4theeetioii of the Sapplementary School Act of 1858) 20 3. The Chief Superintendent to the Honorable Inq)ector General Hincks : Qth Sept., 1854. tf Explanatory Remarka on the Sectkms of a Draft of BiH relating to Separate Schools, to amend Section 19 of the Common School Act of 1860, and Section 4 off the Supple* \., menUry School Act of 1868 24 '^'^ Proposed Sections relating to Separate Schools 24 I. The Chief Superintendent to the Boman Catholic Bishop of , ,, Toronto: 26 7. The Boman Catholic Bishop of Toronto to the Chief Superin- tendent : 21«< Noo., 1852. Complaint against the Toronto Board of School Trustees I>C 8. The Chief Superintendent to the Boman Catholic Bishop of Toronto : 2nd Lee, 1852. Complaint referred to local school authorities for explanation 56 9. The Chief Superintendent to the Toronto Board of School ' Trustees : 2nd Dec, 1852. On the complaint of the Roman Catholic Bishop of Toronto against the Board 65 10. The Toronto Board of School Trustees to the Chief Superin- tendent : ^rd January, 1853. Explanation of proeeedinga relative to Separate Schools hi II. The Chief Superintendent to the Boman Catholic Bishop of Toronto : ItK January, 1853. More specific statement of complaint required tt 12. The Boman Catholic Archdeacon of Toronto to the Chief Superintendent : %th January, 1853. ' Acknowledging receipt of letter to the Roman Catholic Bishop of Toronto 69 I 13. 11. 16. i 16. F 17. 1 18. 1'' 1 L r ^ I 20. I M Certain Bonian Catholio luhabitanta of St. Darid'a Ward, Toronto, to the Chief Superintendent : 20th Aug., 1898. BaAiMl of the Toronto Boud of Sohool TruMM* to Mtabllab t Roman OatboUo Saparate School In St. DtTid'i Ward 6t The Chief Superintendent to certain Boman Catholio Inha- bitants of St. Uarid'a Word, Toronto : BOM Aug., 1853. Tba tweWe resident Roman Oatholioa in St. David'i Ward, Toronto, are entitled to a Separate Sohool In their Ward 61 The Truateos of the Boman Catholic Separate School, St. James' Ward, Toronto, to the Chief Superintendent : 27^4 Oct , 1853. The Olerk of the M unloipallty deolinea exempting certain aupportera of Separate School*, on account of incomplete returiia , 6t The Chief Superintendent to the Trusteea of the Boman Ca- tholic Separate School in St. Jamea Ward, Toronto : 29M Oei., 1853. Decision against Trustees for Incomplete Returns t) The Chief Superintendent to the Honorable John Elmaley, of Toronto: 29/A Oet., 1858. On the EsUblishment of Public Librariea by Trusteea of Roman Oathollc Separate Schools. ... M The Clerk of the City of Toronto to the Chief Superinten- ,;\ dent: 18M iVbr., 1853. On exempting Supporters of Roman Catholic Separate Schools from School-ratea. 9t The Chief Superintendent to the Clerk of the Citj of To- ronto: lOM iVbv., 1858. ) In reply. 6( 2L. 22. 23. 21 25. 26. 27. 28. The Trusteea of Boman Catholic Separate Schools, Toronto, to the Chief Superintendent : 2ni Mag, 1854. School-rates were levied on supporters of Separate Schools In 1858, in oonscquenoe of Trus- tees incomplete returns 6i The Chief Superintendent to the Truateea of Boman Catholic * Separate Schools, Toronto : llth Mag, 1854. Complaints against pnrtles must be furuifhed them. — General ProTlsions of the Law relating to Separate School Returns () The Trustees of Boman Catholic Separate Schools, Toronto, to the Chief Superintendent : 16M Jfay, 1854. Further on school rates of 1868, and on exemption of supporters of Separate Schools. 72 The Chief Superintendent to the Trusteea of Boman Catholic Separate Schools, Toronto: 26M May, 1854. Further explanation of the provisions of the law regarding Separate School Returns 74 The Chief Superintendent to the Finance Committee of the City Council, Toronto: 25/A Man, 1854. .-*< Recommending acceptance of Roman Catholic Separate School Returns 7$ OITT or KINOBTOK. The Bev. William Herchmer, A. M.,.of Kingston, to the Chief .>ri.-!,\m Superintendent : 21«^ Sept., 1853. Establishment of Church of England Separate Schools li The Chief Superiutendent to the Ber. William Herchmer, A. M., of Kingston : 23rrf Sept., 1853. > . Separate Schools for Protestants generally can only be established 7i The Kingston Board of School Trustees to the Chief Superin- tendent : 18M Feb., 1854. Employment of Christian Brothers and Nuns by the Board.— Equality of rotes 7) The Chief Superiutendent to the Kingston Board of School Trustees : 24ith Feb., 1854. Persons of any religious order may be employed as Teachers, but they must be subject to the general school regulations , •.-••• 8i) vtt r40i 29. The KingHton Board of School Trutteei to the Chief Super- intendent: Sih Moreh, \BM. BafiiMl of OhriMiM Brolhen and Nuni to allow InapaotioB of the Public Oommon Sehoola In which they wore employed 11 80. The Chief Superintendent to the Kingston Board of School TruBteei : 28r Till*, to the Chief Superintendent : 22md April, 1868. ThiDk tb« il«oMoii !• k«pl buk with intMtlon of delaying legal proo««41iip lit The Chief Superintendent to the Trustees of the Boman Catholic Separate School, BelleTille : 26M April, 18S8. The BaparateSohool Truiteci had already obtained decision regarding lohool Aud, and the non- produotlon of It lacoart waa their own nagleet Ill The Belleville Boavd of School Trustees to the Chief Buperiii* tendent : OM April, 18S3. EnekMing a oopT of the indgmett of the Court of Queen's Beneh in the eaee of the Roman Catholic Separate School m 114 The Chief Superintendent to the Belleville Board of School Trustees : 2UX April, 1858. Enoloeing copy of decision relative to the ektaa of the Trosleee of the Roman Catholic Separate School 119 The Belleville Board of School Trustees to the Chief Superin« tendent : 2QtK Sept., 1868. Subscribers to the Roidsii Ciithollc Separate School prefer sending their children to the Publlo Schools, and desire to pay Publlo School Taxes IM The Chief Superintendent to the Belleville Board of School Trustees : 22nd Smi., 1863. Subscribers to Separate Schools cannot be taxed for, but their children may be admitted to, the Public Schools « 121 The Belleville Board of Cohool Trustees to the Chief Superiu> tendent : 21«< Jan., 1864. Supporters of the Roman Oathollu Separate School send Ohildrsu to the Public Schoola, although exempted from Public School Rates 121 The Chief Superintendent to the Belleville Board of School Trustees : 24/A Jan., 1854. Supporters of Separate Schools bear the same relation to the Free Public Schools of a Munici- pality as nou-resldents 122 The Trustees of the Boman Catholic Separate School, Belleville, to the Chief Superintendent : 28ri Maj/, 1864. For School Documents 121 The Chief Superintendent to the Trustees of the Boman Catholic Separate School, Belleville : 21th May, 1864. School Documents are furnished to Common and Separate Schools alike 124 TOWN OF BBAJfTfOBD. The Local Superintendent of Brantford to the Chief Superin* teudent : Qth July, 1863. Certain Roman Catholics of the town have organized a Separate School , . . . . 125 The Chief Superintendent to the Local Superintendent of Brantford : \%t\ July, 1853. Provisions of the law relating to Separate Schools 12( The Trustees of the Boman Catholic Separate School, Brantford, to the Chief Superintendent : \%th Sept., 1853. Proceedings relative to the establishment of a Separate School 126 The Chief Superintendent to theTrusteesof the Boman Catholic Separate School, Brantford : 15tb Sept., 1853. General provisions of the law relating to Separate Schools 127 The Local Superintendent of Brantford to the Chief Superin- tendent : 4M JB\ib., 1864. Whether a certain report of the Separate School meets the requirements of the law 127 The Chief Superintendent to the Local Superintendent of Brantford: 0th Feh., 1854. The second proviso in the fourth section of the Supplementary School Ac* desoribes the return required from Separate Schools 128 61. The Truateei of the Roman Catholio 8ep«ntte Behool, Brant* ford, to the Chief Superintendent : 26«i 7mm. 18S4. Inabilltjr lo in»k« rttum of >tt«naMe*.— 'Tha niMuiIng of " •moMnt lubioribfld " in tho MptraM School roturn 1 M 62. The Chief Baperintendent to the Trustees of the Boman Catholic Separate School, Bnuitford t iOth Jufy, 1854. Ad approiltnatlon to (h« aUondtuoM wUl bo koooptod on Moo«uU of thoir proaont dlffloulUM. — EsplaiMtion ofheadlnga of (ho return 139 68. The Trustees of the Boman Catholic Separate School, Brant- ford, to the Chief Superintendent : l»t Sept., 1854. For thoir ihwro of tho LogitloilTo School Orant 180 64. The Chief Superintendent to the Trustees of the Boman Catholic Separate School, Brontford ; tUh Sept., 1854. Grant will be paid on roeoipk of Troasuror'a Ratuma for laat year 180 TOWV ov ooosnioH. 65. The Trustees of the Boman Catholic Separate School, GKiderioh, to the Chief Superintendent : 17th Mareh, 1868. Tranamitting a Raport of tboir Sohool 181 60. The Deputy Baperintendent to the Trustees of the Boman , Catholic Separate School, Ooderieh : 22nd Mareh, 1858. ' ' Reporta fWtm Oommon and Separate Schoolato be Incorporated In tho general Report from tho Mnnlelpatity..., 18S 67. The Local Superinteddent of Gk>derich to the Chief Superin- tendent : Bth April, 1858. Tranamlttlng Report of Roman Catholic Septrato School 189 68. The Trustees of the Boman Catholic Separate School, Goderich, to the Chief Superintendent : 27th July, 1858. Forahare of the LegialatiTe School Grant 181 69. The Deputy Superintendent to the Trustees of the Boman Catholic Separate School, Ooderieh : 6th Aiiput, 1858. Oertain Returna to bo Ibrwarded to the Local Baperintendent i. I8i 70. The Trustees of the Boman Catholic Separate School, G-oderich, to the Chief Superintendent : 27th Augurt, 1858. Further about their abare of the Leglalatire School Ckant 185 71. The Chief Superintendent to the Trustees of the Boman Catholic Separate School, Goderich: Slst Augutt, 1858. Separate School ia entitled to Grant when paid, and to School Reporta the same aa Common Sohoola 180 \m L: town or pxbth. 72. The Perth Board of Grammar and Common School Trusteea to the Chief Superintendent : 15f% Jan., 1855. Can a Separate School Truitee be alao a Trustee of a County Grammar School f 186 73. The Chief Superintendent to the Perth Board of Grammar and Common School Trustees : 24fA Jan., 1855. The County Council Is not restrhsted in ita appointments to the Grammar School Board, and may appoint Separate School aupportera to such Board 189 TOWN 07 PSTIBBOBOVOH. 74. The Trustees of the Boman Catholic Separate School, Peter- horough, to the Chief Superintendent : 22nd Nov., 1854. Share of the LegialatWe School Grant 1 88 75. The Chief Superintendent to the Trustees of the Boman Catholic Separate School, Peterborough : 80M Nov., 1854. Payment of Grant wlU be Biado in « few days 188 76. i I 77. f 78. ■ f. 79. H 80. <■■; 81. t 82. 1 .««! 1 ' 83. 1 84. 85. 86. 87. 88. 89. 00. ■' >"■'""■' TOWK or piOTOir. -' "'^ ■•' '^ •■ The Local Saperintendeut of Ficton to the Chief Superin- tendent : 21th Mareh, 1856. Report on Btate of the Roman Catholic Separate Sohool l|v TOWS OV PBISCOTT. The Trustees of the Bomau Cntiiolic Separate School, Frescott, to the Deputy Superintendent : 19th Dec, 1852. On Separate School electidnsand reports. % 140 The Chief Superintendent to the Trustees of the Boman Catholic Separate School, Frescott: 23ri Dec, 1852. Eleotiona and reports tor Separate Schools are under the same regulations as the school sec* tions of Townships 140 The Trustees of the Boman Catholic Separate School, Frescott, to the Deputy Superintendent : Sth Jan., 1853. Appointment of their own Local Superintendent of Separate Schools and collection of rate-bills. 141 The Chief Superintendent to the Trustees of the Boman Catholic Separate School, Frescott : Idth Jan., 1853. Trustees of Separate Schools in regard to their supporters hare equal powers with trustees of school sections. — Separate Schools are visited by the Local Superintendent 142 The Frescott Board of School Trustees to the Chief Superin- tendent : 25th Feb., 1853. Authority of Teachers to exclude boolcs from Public Schools without permission from the Board. 142 The Chief Superintendent to the Frescott Board of School Trustees : 4>th March, 1853. The Teacher of a public school has not the power of excluding books ; neither have trustees power to compel children to use booItB objected to by their parents 14S ?;.'^if . TOWN OF AMHEBSIBITBOH. The Amherstburgh Board of School Trustees to the Chief Superintendent : 14ith March, 1853. Establishment and continuance of a Roman Catholic Separate School 144 .The Deputy Superintendent to the Amheratburgh Board of School Trustees : 22nd March, 1853. .On A Separate School Election cannot take place until after the School Division has gone iuto operation 146 The Chief Superintendent to the Local Superintendent of >•,, Amherstburgh: 28/A uiwytw^, 1854. Statistics of Sepnrate tjchools should be given in the General School Report of the Munici- pality 146 The Local Superintendent of Amheratburgh to the Chief Superintendent : 2nd Sept., 1854. The Town Council levied a general Municipal Assessment for a Roman Catholic School not legally established as a Separate School 146 ''; ■ ■ "^\': TOWN OP CHATHAM. ■,,,.„ i^^l :^:;,„:^ , ,^^, The Trustees of the Boman Catholic Separate School, Chatham, to the Chief Superintendent : 17th May, 1 853. Definition of the term " Common School Fund." 147 The Deputy Superintendent to the Trustees of the Boman Catholic Separate School, Chatham : 26^A May, 1853. No o(her definition ofthe " Common School Fund " than that already given 148 The Chief Superintendent to the Trustees of the Boman Catholic Separate School, Chatham : 14ith June, 1853. Reference to Separate School provisions of Supplementary School Act of 1868 149 The Chatham Board of School Trustees to the Chief Superin- tendeat: 2ard May, 1853. Definitipn of the term " Common School Fund " by the Court of Queen's Bench 149 FAOI 91. The Chief Superintendent to the Chatham Board of School Tnutees : l^th June, 1858. The Court of Queen's Beach has not giren a final decision on the question 150 92< The Chief Superintendent to the Local Superintendent of Chatham : lOth April, 1855. Separata Schools ar*; under the same regulations in regard to Reports, as Common Schools. . . 191 TOWN OF emSLPH. 93. Certain School Trustees of Guelph to the Chief Superin- tendent : llth Sept., 1852. On establishing a Protestant Separate School in a town not divided into wards 151 94. The Chief Superintendent to certain School Trustees of Guelph : Uth Sept., 1852. A Protestant Separate School cannot be claimed if a Protestant teacher be employed in the town 152 95. The Boman Catholic Pastor of Guelph, to the Chief Superin- tendent : 19th Dee., 1853. Complaint against the Chairman of the Board of School Trustees 168 96. The Chief Superintendent to the Boman Catholic Pastor of Guelph : 2Ut Dec, 1853. Applicaion of twelve heads of families for a Separate School, leaves no discretion to the Board of School Trustees in refusing to grant 8uch Separate School 158 97. The Chief Superintendent to the Guelph Board of School Trustees: 22fl(f Dee?., 1853. ^^ It is compulsor/ ou the Board to grant a Separate School when applied for as the law directs. . 154 TILLAGE OF THOBOLD. 98. The Trustees of a Boman Catholic Separate School, Thorold, to the Chief Superintendent : 6th July, 1853. For a Register and the Journal of Education 165 99. The Deputy Superintendent to the Trustees of a Boman Catholic Separate School, Thorold : 18/A July, 1853. School documents will be furnished on report of the Local Superintendent . 155 100. Certain Boman Catholics of Thorold to the Chief Superin- tendent : 20th August, 1853. Reporting the establishment of a Separate School 166 101. The Chief Superintendent to certain Boman Catholics of Thorcld : 2bth August, 1853. It has not been stated whether the Separate School was established as the law direcu 157 102. The Thorold Board of School Trustees to the Chief Superin- ^., tendent : 9th Jan., 1854. A school-house having been lent to certain Roman Catholics, they now claim existence as a Separate School Curporation 168 103. The Chief Superintendent to the Thorold Board of School Trustees : IZth Jan., 1854. A denominational or private school canuot become a Separate School, unless as the law ., directs 169 COUNTT OF CABLTOK. (School Section No. 6, Otgoode.) • • 104. The Deputy Superintendent to the Local Superintendent of'Osgoode: IBth March, 1853. Establishment of a Protestant Separate School 160 105. The Local Superintendent of Osgoode to the Chief Superin- tendent : 28th March, 1853. Causes leading to the establishment of a Protestant Separate School 160 106. The Trustees of the Protestant Separate School No. 5, Osgoode, to the Chief Superintendent : 21«/ Dee., 1854. Continuance of the Separate School, aud liability of its supporters for Public School Rates. ... 162 1 xii 107. The Chief Superintendent to the Trufiteea of Fjrotestant Sep- ' ■'^- arate School No. 5, Osgoode : 4A Jan., 1855. The Separate School continues as long as supporters desire ; but its house may be used for s Public School If tiM inhabiunts wish l«t 108. The Trustees of School Section No. 5, Osgoode, to the Chief ■' *■ "" Superintendent : 16th Jan.i f835. Continuance of a Separate School in a Section aftar «Dip1oynient in the Public School of a Teacher of the same faith as Separatists 1{8 109. The Chief Superintendent to the Trustees of School Section ij^, No. 5, Osgoode : 24iih Jan., 1855. Separate School continues, and its supporters are exempted from Public School Rates, if its Trustees employ a Teacher for six months of each year 184 110. The Local Superintendent of Osgoode to the Chief Superin- tendent : lO^A JEib., 1855. Continuance of a Separate School when established, and liability of ita supporters for Public School Rates. 185 111. The Chief Superintendent to the Local Superintendeol; of Osgoode; 19ih Mb., 1S55, The Separate School when established, continues as long as its supporters desire 165 !-»(• COUKTY 01* LKEDS. l>-»iti,«iA, ^^ ■*♦■'•'■' CSehovl Section ITo. 10, latley.) I.t\,. ,.■«* . 112. The Teacher of the Boman Catholic Separate School No. 10, Kitley, to the Chief Superintendent : 14M Feb., 1654. Complaining of Local Superintendent's not paying him the Municipal School Rate 166 113. The Deputy Superintendent to the Teacher of the Boman Catholic Separate School No. 10, Kitley : 22nd Mb., 1854. Appellant must notify the parties against whom he complains 167 114. The Deputy Superintendent to the Local Superintendent of Kitley: 22nd Feb., 1S5^. For Report on the complaint of Teacher of the Separate School 168 115. The Local Superintendent of Kitley to the Chief Superin- tendent : ISth March, 1854. - Legislative Grant and Municipal Assessment have been paid to the Separate School in the same Mi ... ratio as to other Schools 168 116. The Local Superintendent of Kitley to the Chief Superin- tendent: Wh March, 1854. Separate School was open for only five months of the year 169 117. The Chief Superintendent to the Local Superintendent of Kitley : 25/A March, 1854. Separate Sooool to be paid what is equitable according to the best attainable evidence 170 118. The Teacher of the Boman Catholic Separate School No. 10, Kitley, to the Chief Superintendent : IZth March, 1854. Further about his complaint against the Local Superintendent 170 119. The Chief Superintendent to the Teacher of the Boman Catholic Separate School No. 10, Kitley: 25th March, 1854 Reliable evidence must be procured to prove the large School attendance claimed for 171 120. The ex-Local Superintendent of Kitley to the Chief Super- intendei^t : 10th April, 1854. Reporting settlement of dispute with Carey 172 121. The Chief Superintendent to the Local Superintendent of Kitley: 17th April, \S5i. Investigation of complaint of Teacher of the Separate School 173 122. The Teacher of the Boman Catholic Separate School No. 10, Kitley, to the Chief Superintendent : Uth April, 1854. -^ Further about complaint, and requesting investigation by newly appointed Local Superin- l«i ...». tendant 173 a xMl 123. The Chief Supp ttendent to the Teacher of the Boman '-U Calli.'' oparute School No. 10, Kitley : 17th April, 1854. Oomplalht to tir. ' tstigated by the preieul Local Supcrintendtnt 179 121. The Local Supehcteudent of Kitlej to the Chief Superin* tendent : (no date.) Result of iurestigatioD oi Car's complalDt ,,, .1. ITS 125. The Chief Superintendent to the Local Supermtendent of Kitley: IT^A /«»«, 1864. DedsUm on the appeal... \1i Ml ^■i'. ^;II 001TKTT 01' PBIKOB BDWABO. (Schocl 8«eU'• » « t8t - 1^ The Tnutees of the Koman Catholic Separate School No. S, Seymour, to l^e Chief Superintendent : IBth JprU, 1858. That a share in the Lef^datire Orant pay not be ftwfeited « liMi 185. The Deputy Superintendent to the TruBteea of the Boman CMhohc Separate School No. 8, Seymour: 27th April, 1958. General conditions for sharing the LegislatiTe Grant M8) 136. The Deputy Beeve of Seymour to the Chief Superintendent : 17ih March, 1855. Proceedings of Council and Trustees relative to a Protestant Separate School in Ko. 5 188 187. The Deputy Superintendent to the Deputy Beeve of Sey- mour : ' ^th April, 1866> The onion of the Public and Separate School Sections by the Council, as requested by botli parties, dissolved former ooiporatipna .........< ....<.... ,,%« IIM . .terap-5o^*j^i.a COUITTT 01 OITTAEIO. , . , .Jijija^.T^ 'tewv ('^*«>' *"««»'»<»• ••"BrosAO ^M^^n ,{') «ii$ .JNIf 188. Certab Protestant Inhabitants of School Section No. 0, Brook, to the Chief Superintendent i 96f % JU<^ 1969. LiaUli^ (or Separate School Rates IM \ 189. 140. 141. 142. 148. 144. if 145. r 146. 1 ' 147. I 148. 148. 160 161. 162. 158. 164. 165. Xiv Piei The Deputy Superintendent to certain Protestant Inbabi- '■"-r* '*8C Conridera former letter as calling attention to certain obargea against the local school authori- des of the Township of Wiliiama Sll' 171. The Deputy Superintendent to the Bev. Tht. Eirwan, of Lotfddn: 4th November, 18S2. kPt The implied charges cannot be Investigated until the opposite parties have been fbmiahed with a statement of the complaint, and heard in reply ^ 213 172. The Bev. Tht. Eirwan, of London, to the Chief Superin- tendent : Idth Nov., 1852. Oonslden his complaint entertained, and fandshee additional ebargee 218 178. The Bev. Tht. Eirwan, of London, to the Chief Superin- , tendent: 4dh Habrttmy, 1869. '"' ' Reqnesting a decision on his oomplalnts aKStost the local school authorities of WilHams 216 Ifl IJ m 174. The Chief Superintendent to the Eef.Tht. Kirwan, of London: 15th Feb., 1853. There is no agsurance that the oharsea have been furiiiahed to the parties complained of; nor are there specific facts ndiiicedto warrant an offlt-inl decision 211 175. The Ber. Tht. Kirvran, of London, to the Chief Superin* tendent : 28^^ Fehruofy, 1858. Thinks himself aggrieved at not receiving a decision on his partial statement of charges; and appeals to the Oovernor General 817 170. Bev. Tht. Kirwan to the Secretary of the Province : 28th Fehruary, 1853. Appeals to the Governor General against the Chief Superintendent for not deoiding upon his ^^^ complaints against the local authoritlM of Williams S20 177. The Chief Superintendent to the Secretary of the Province : 4ith May, 1854. Beport on the appeal of the Reverend Tht Kirwan to the Oovernor General. 882 ' aoaooL sioTioir ko. 4, lUSTOALf b. ; 'tr^ » •yW'.AiiT mt X. ( County o/ Middletex.) __^ ^j, 178. The Trustees of School Section No. 4, Metcalfe, to the Chief Superintendent : 24/A Sept., 1858. Effect of the establishment of a Separate School |826 179. The Chief Superintendent to the Trustees of School Section No. 4, Metcalfe : o-.i .g ; 8ri October, 1858. Provisions of the law relating to Separate Schools 227 SOHOOL BXOTIOVS ITOS. 4 AND 8, SAKDWICH. {Count]f of £»t»x.) .V.n:L».>?»„/>.^jii5f%i,?J* V 180. The Local Superintendent of Sandwich to the Chief Super- intendent .* I2tk Ootober, 1853. Time at which the opentions of a Separate School, and the exemption of its supporters, commence. 827 181. The Chief Superintendent to the Local Superintendent of Sandwich: 18th 09tober,lS59. Sq>ar«te School goes into operation, and exemption talces effect the 25th December following the esUblhhment of the school 228 192. The Honorable John Elmsley, of Toronto, to the Chief Super- intendent: 19tA Octo&er, 1858. Comphdnts from a Separate School in Sandwich 229 188. The Chief Superintendent to the Honorable John Elmsley, of Toronto : 24^;^ Oetoher, 1853. Parties requiring the interference of the Depaiiment should apply directly 828 184. Certain Protestant Inhabitants of School Sectiun No. 8, Sandwich, to the Chief Superintendent : 17th Dee., 1854. Non-reddent supporters of a Protestant Separate School desiring exemption from Public School rates 280 185. The Chief Superintendent to certain Protestant Inhd^itants of School Section No. 8, Sandwich : 22fl<; Deo., 1854. ,,g. Supporters of a Separate School cannot be exempted iiom Public School rates unless included * in separate Section 8»1 ■ .ti-ioIor- city, town, or incorporated village, on the application in writing of «^ ^^ov^* •»• twelve or more resident heads of families, to authorize, the establishment of one or more separate schools for Protestants, Roman Catholics or col- ored people, and, in such case, it shall prescribe the limits of the divisions [Appiieuta or sections for such schools, and shall make the same provision for thefodtlktoiraii holding of the first meeting for the election of trustees of each such sep>iai5V^iif ] arate school or schools, as is provided in the fourth section of this act for holdins the first school meeting in a new school section : Provided Under mm ' always, that each such separate school shall go into operation at the same ei^tions and ' time with alterations in school sections, and shall be under the same Mm'mmoa^'* regulations in respect to the persons for whom such school is permitted ^ to be established, as are common schools generally: Provided secondly, Mannerordeoi- that none but colored people shall be allowed to vote for the election of *<»«>> Mpante trustees of the separate school for their children, and none but the par- ties petitioning for the establishment of, or sending children to, a separate Protestant or Roman Catholic school, shall vote at the election of trus- tees of such school : Provided thirdly, that each such separate Protestant, AmMrtionhig or Roman Catholic, or colored school shall be entitled to share in the ^?'i^?u't«' [school fund] according totheaverage attendance of pupils attending each raSwSi«*ft^" such separate school, (the mean attendance of pujals for both summer ^g^^^. and winter being taken,) as compared with the whole average attend- ^^'"'^'■^^ aoce of pupils attending the common schools in such city, town, vil- lage or township : Provided fburthly, that no Protestant separate school Ooadwoii or shall be allowed in any school division except when the teacher of the' I J I- I 18 common school is a Roman Catholic, nor shall any Roman Catholic separate school be allowed except when the teacher of the common school FroviMMto is a Protestant: Provided fiilhly, that the trustees of the common schoil sections within the limits of which such separate school section or sec- ,e- , ■ tions shall have been formed, shall not include the children attending such separate school or schools, in their return of children of school age residing in their school sections. ^•¥.] PrwuBble. Sepabatb School Act of 18(1, 14 &. 15 Vic, Cap. 111. An Act to define and restore certain rights to parties therein mentioned. [Received Royal Aaaent, SOth Anguat, 1851.] WHEREAS it is expedient to remove doubts which have arisen in regard to certain provisions of the nineteenth section of an act Mthuduth passed in the thirteenth and fourteenth years of Her Majesty's Reign, vic.o»p.48,cited ^jjjj intituled, An Act for the better establishment and maintenancf of Common Schoob in Upper Canada : And whereas it is inexpedient to deprive any of the parties concerned of rights which tfa^ey have enjoyed under preceding school acts for Upper Canada : Be it therefore eqaoted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and onder the authority of an act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled An Act to re-wnte the Provinces of Upper and Lovoer Canada, and for the Oovemment of Canada, and it KrpMte school is hereby enacted by the authority of the same. That eaoh of the partiM unioBorwu^ applying according to the provisions of the said nineteenth section of the said ^iXlSf *"^'''' act shall be entitled to have a separate school in each ward, or in two or more wards united, as said party or parties shall judge expedient, in each Prarito: city or town in Upper Canada : Provided always, that eaoh such sdbod ^awAm^t in its establishment and operations shall be subject to all the conditions <^ ** and obligations, and entitled to all the advantages imposed and conferred upon separate schools by the said nineteenth section of the said act v! SuFPLBBiBirrAKY ScBooL AcT of 1853, Id AHc, Cap. 185. ^ >{< o^mon «Xni vided, shall not extend beyond the period of such persons sending chil-2,'*' «>"*"''^- dren to or subscribing as aforesaid for the support of such separate school ; nor shall such exemption extend to school rates or taxes imposed or to be imposed to pay for school houses, the erection of which was underta- ken or entered into before the establishment of such separate school ; Provided secondly, that the trustees of each such separate school shall, m. Hair-yeariy on or before the thirtieth day of June, and thirty*first day of December w^otDtnuicnt. of each year, transmit to the local superintendent, a correct return of the names of all persons of the religious persuasion of such separate Bet'^m or mp- school, who shall have sent children to, or subscribed as aforesaid foruSui'So^^ the support of such separate school during the six months previous,^d '"''**' '^"^ the names of the children sent, and amounts subscribed by them respec- tively, together with the average attendance of pupils in such separate school during such period ; And the superintendent shall forthwith make Superinteiident a return to the clerk of the municipality and to the trustees of the schocfuid^SnuteMof section or municipality in which such separate school is established, sta-*" ^' ting the names of all the persons who, being members of the same reli- gious denomination, contribute or send children to such separate school, yc and the clerk shall not include in the collector's roll for the general or street of meb other school rate, and the trustees or board of trustees shall not include "^ "™^' in their school rolls, except for any rate for the building of school houses Exemption from undertaken before the establishing of such separate school as herein :*« mentioned, the name of any such person as appears upon such return then last received from the said superintendent : And the clerk or other sopmte aehooi officer of tho municipality within which such separate school is estab- MoeMto mmm! lished, having possession of the assessor's or collector's roll of the said **'^*"'''' municipality, is hereby required to allow any one of the'said trustees, or their authorised collector, to make a copy of such roll as far as it shall 90 I jM.-PonKity for relate to their achoo] section ; Provided thirdly, that the proviaions of the thirteenth section of the said Upper Canada School Act of l850,Bball apply to the trustees and teachers of separate schools* the same as to trustees and 4ih -s«pmte teachers of other common schools : Provided fourthly, tliat the trustees of o!^^»(iwi'!"' each such separate school shall be a corporation, and shall have the same Ramo potrorx tnpower to impose, lovy, and collect school rates or subscriptions upon and rawAromiiup. from pcrsons sending children to, or subscribing towards the support of tw!8o? public"*' such separate school, as the trustees of a school section have to impose, levy and collect school rates or subscriptions from persons having pro* perty in such section or sending children to or subscribing towards the Btii-rorrwinR support of the common school of such section : Provided fifthly, that the Ce'eCt from foregoing provisions in this clause shall take efieot from the first day of ..snunry. 185a. j^^y^py^ Q^g thousand eight hundred and fifty-three, and shall extend to the separate schools, established or intended to be established under the eth-separatists provisious of the Upper Canada Common School Acts ; Provided sixthly, common gflh^i that no persoii belonging to the religious persuasion of such separate "** "^ echool, and sending a child or children thereto, or subscribing towards the support thereof, shall be allowed to vote at the election ot any trustee for a public common school in the city, town, incorporated village or school section within the limits of which such separate school shall be situate. Y. And be it enacted, That the trustees of each school section shall, on or before the thirtieth day of June, and the thirty-first day of Decem- •uperintcndent. ^^^^ .^ ^^^j^ ^,^^^^ transmit to the local superintendent, a correct return of the average attendance of pupils in the school or schools under their charge during the six months then immediately preceding ; nor shall any school section be entitled to the apportionment from the school fund for the said six months, the trustees and teacher of which shall neglect to tranlhiit a verified statement of such average attendance of pupils in their school or schools ; Provided always, that nothing herein contained shall be construed to repeal the provisions of the thirty-first section of the said Upper Canada School Act of 1850. "iflP «*' Public ichool half-yenrly re- tiinu to local Penalty for oaiHiontodoio. PtOTiso. No, 2. The Chief Superintendent to the Honorable Inspector General Hincks, >:«w«5v.;,(-«•.!» itmihi'i i^f Exphitttory remarks on the providoni of a draft of bill relating to Septnte Schools. (4th sectieo of tba Supplementary School Act of 18SS.) [Ko. 6(8,0.] EnOCATION OmoM, [Extract."] Toronto, 26f& August, 18SS. Ath Section. This section is designed as supplementary to the 10th section of the Common Schpol Act in regard to separate schools. The m(»t,,8imBJe» pM \ 21 perhaps the most satisfac )ry mode of silencing clamor on the part of parties demanding tb* e schools, (if they are permitted to continue at all,) is that which is proposed in the part of the section contained in the margin (6) — namely, to relieve the parents and guardians sending children to them, from paying any school tax what- ever, and then allowing them to share with the other sclioolt* according to average attendance in the same municipality in the legislative school grant alone. In case snch a provision were adopted: 1. There would be no provision in the school law requiring a public municipal tax for denominational schools, and all opposition and clamor against it on that ground would cease. 2. There could be no complaint from any quarter that the supporters of a separate school paid more or less in school taxes than they received from the school fund. 3. All the inhabitants of a muni- cipality except those who might choose to send children to the separate school, could proceed with their school interests as if no other class of persons were in existence. 4. The teachers of separate schools might be relieved from appearing before the County Board of Public Instruction for examination, and thus the last vestige of possible agitation between the supporters of separate schools and the municipal authorities, in relation to the subject at all, would be removed. If, on the other hand, the clause, as expressed in the text (a) is preferred, then all teachers of separate schools should be required to appear before the County Board of Public Instruction for examination, the same as other teachers of common schools ; for I hold it as a sacred principle of municipal right, that no municipality should be required to assess and collect money for the support of teachers whose qualifications to teach are not attested by a board appointed by such municipality. Before any such board there is no examination as to religious doctrines or knowledge. The certificate of the priest, clergyman, or minister, of the religious persuasion to which each candidate professes to adhere, is taken by each coimty board as the guarantee for the religious qualitications of such candidate. It will be observed, that in this (4th) section, I do not propose to specify the manner in which persons exempted from school taxes shall be returned or ascer- tained; for if any one mode be specified, it will be abused by scores of persons merely with a view of avoiding the payment of any school tax. I therefore propose to leave it a matter of instruction as to the mode of carrying this as well as every other provision of the law into effect, so that that kind of inspection can be employed that will prevent imposition or abuse. Then the section does not, any more than the 19th section of the existing law, give the persons who petition for, and send children to the separate school, control over all the Roman Catholics or Protestants of the municipality ; but only over tliose of the persuasion of the separate school who choose to support it. But I find that the very mention of a separate column on the tax roll, for a separate school, excites a hostility and feeling that you can hardly conceive. I find very few others feeling as indulgent as I do in such matters. But I am apprehensive that some municipalities would refuse to levy any school assessment whatever under such circumstances; and probably boards of schod trustees v^'ould i'cel still more strongly, many of their members would sooner go to prison S2 than be instruments of collecting moneys for the support of pnpal schools ; and Koman Catholics would loudly exclaim against being tax-assessors and tax-collectors for the support of Protestant schools. The proposition of a separate column on the tax roll, for the support of separate schools, would give an immense advantage to all opponents of separate schools ; but the 4th section in the accompanying draft of bill, as proposed in the margin (b) will, I think, give all that can be reasonably asked by any person in support of denominational schools, and will extinguish all agitation on the subject, yet require such conditions, returns and in:!ipection in connpxion with separate schools as will prevent abuses upon the school grant. It may be objected that should persons at one time sending children to a separate school, afterwards wish to send them to a common school, they should be required to pay the taxes at least for the erection of the school-house from which they had been exempted ; but this would oppose an obstacle to their coming back to the public school ; and I would wish to leave the door as wide open as possible for that purpose. I may add that the subject of this fourth section has deeply exercised my mind. The part of the section as proposed in the margin {b) occurred to me after that in the page (a) was transcribed ; and I think it is the nearest approach to the solution of the difficulties connected with separate schools, if they are allowed to exist, that has yet been proposed. (Signed,) E. RYERSON. The Honorable FuAttaa Hincks, M. P. P., Inspector General, Quebec. Original draft of the Ath section of the Supplementary School Act of 1853. (a) Section as in Text. (b) Marginal Section. TV.' And be it enacted. That IV. And be it enacted, That in all cities, towns, in all cities, towns, incorporated incorporated villages and school sections, in which villages and school sections in separate schools do or shall exist, according to the which separate schools exist, provisions ef the 19th section of the said act, IStli according to the provisions of and 14th Vic, chap. 4(4, parents or guardians of the the 19th section of the said religious persuasion of each such separate school 13th and 14th Vic, chap, 48, sending children to it, shall be exempted from the all parents or guardians of the payment of all school rates for the support of the religious persuasion of such common public schools of each such city, town, separate school, and sending incorporated village or school section; and each children to it, shall be exempted such separate school shall share in the legislative from the payment of all school common school grant apportioned to each such rates for the support of the city, town, incorporated village or township, (but common public schools of such shall not share in any school money raised by local city, town, incori)orated village municipal assessment,) according to the average or school section, beyond the attendance of pupils attending each such separate amount of rate which shall be school (the mean attendance of pupils for summer required to secure the payment and winter being taken), as compared with the ,1 t m 1 88 of the annual legialative Rokixfl whole average attendance of pupili attending the grant apportioned to each luoh common achooU in each such city, town, inoorpo- municipalityor school section: rated grillage or township; and a certifloate of Provided always that such ex- qiMliflcatloi:5i signed by the bishop or other occlosi- etnption flrom the payment of aatical liead of the religious persuasion of sucli the ordinary school rates spe- 'Separate scliuo), shall be sufHoient for any teacher cifled, shall not extend beyond of such separate school : Provided always — first, the period of the existence of that the exemption from the payment of scliool rate^ a separate school in each such as herein provided, shall not extend beyond the city, town, incorporated village period of such parents or guardians sending child- or school section, or beyond the ren to such separate school: Provided — secondly, period of such persons send- that the trustees of each such separate school shall, ing children to it, or of their on or before the thirtieth day of June and thirty-first being liable to be rated for its day of December of each year, transmit to their iiupport : Provided likewise, — local superintendent, (verified by the oathof theii that the provisions of the 13th teacher, before a magistrate,) a list of the name.- section of the said act, 18& 14 of all persons of the religious persuasion of such Vic, chap. 48, shall apply to separate school, who shall have sent children to the trustees and teachers of such separate school during the six months previous, separate schools the same us to and the names of the children sent by them respec- trustees and teachers of other tively, together with the average att;.ndancQ of the common schools. pupils in such separate school during such period : Provided — thirdly, that the provisions of the IStii section of the said act, 13th and 14th Vic, chap. 48, shall apply to the trustees and teachers of separate schools the same as to trustees and teachers of other common schools: Provided — fourthly, that the trustees of each such separate school shall be a corporation, and shall have the same power to levy and collect school-rates or school-rate bills from persons sending children to such separate school as the trustees of a school section have to levy and collect school- rates or school-rate bills from persons sending to the common school of such section : Provided — fifthly, that no person sending a child or children to a separate school shall be allowed to vote at the election of any trustee for a public common school in the city, town, incorporated village or school section within the limits of which such separate school shall be situated. VS «■■: ;H 2) No. 3. The Chief SvpetHntendent to the Honorable Inspector General Hincks. Explanatory Remarks on the Sections of a Draft of Bill relating to Separate Schools, to amend section 19 of the Common School Act of 1860, and section 4 of the Supplementary School Act of 18B3. ■ '"H*'- Education Office, [Extract:] Toronto, 6/A September, 1854. 1 The following sections relate to separate schools, and, without undermining our general system, provide for all that even ultra advocates of separate schools have professed to demand, and all that I think the country can be induced to give- I think our next step must he, if further legislation be called for, to take the sound American ground of not providing or recognizing separate schools at all. In this we should have the cordial support of nine-tenths of the people of Upper Canada ; while in the course now pursued, the more you concede, the more you contravene the prevalent sentiment of the country, and the greater injury you are inflicting upon the great body of the parties for wh< m separate schools are professedly demanded, but who have not, as far as I am aware, any safe and adequate means of speaking for themselves, or of even forming a judgment. These three sections relieve the trustees of separate schools from making any return or including any item in any return whatever, not required of other trustees ; leave the applicants for separate schools to do any thing or nothing, as they please ; but do not permit them to make the municipal council their school tax collector, nor give them the legislative school grant except in proportion to the average number of children they teach. (Signed,) , E. RYERSON. •;-4,f: /••„■'''. Proposed Sections relating to Separate Schools. VI. And be it enacted. That so much of the fourth section of the act wltel'aiss's^^^ ^^^' "^^P- 'S5» ^^ requires each supporter of a separate school to subscribe or pay a certain sum in order to be exempted from the payment ^p"^rtera''o"f "" °^ *'^® public school ratcs, and so much of the said section of said act as tomibTOribea''*'^®^""'^'* ^^^ trustces of a Separate school to include in their semi-annual certain amount, retums a Statement of the names of the children attending such school, And on trn. tees orof the names of parents or guardians sending children to such school, or imd*eubscri^'^of the sum or sums subscribed or paid by each of the supporters of such ijortere.""'^ school, shall be, aqd is hereby repealed : Provided always, that the snp- Proviio: portcrs of a Separate school or schools, in order to be entitled to exemption ^'pa?S[^"hL8^^"°'" *^^ payment of any public school rates for any one year, as authorised rSdlrhf" by the said 4th section of the act 16 Vic, chap. 185, shall, on or before the K«'i8t Feb. ^^^^ <^^y ^^ February of such year, communicate in writing, with their names and places of residence, to the clerk of the municipality in which such separate school or schools are situated, a declaration to the effect, that they are supporters of such separate school or schools. dor General mend section 19 of !tofl8B3. ber, 1854. 1 It undermining paiate schools duced to give- or, to take the ouls at all. In Jpper Canada; ou contravene inflicting upon ;dly demanded, ns of speaking n making any other trustees ; IS they please ; X collector, nor i^erage number rERSON. s. ction of the act rate school to m the payment I of said act as ir semi-annual ig such school, such school, or )orters of such , that the sup- i to exemption , as authorised 1 or before the ig, with their ility in which to the effect, )ls. VII. And be it enacted, That the trustees of separate schools elected in each of the wards of any city or town in Upper Canada, shall have authority to unite, during their pleasure, into one joint board of trustees for the management of the several separate schools in such city or town. VIII. And be it enacted. That the Chief Superintendent of Schools for Upper Canada shall have authority to determine the proportions of the legislative school grant which may be payable respectively, according to law, to public and separate schools ; and shall have authority to pay the sums thus apportioned in such manner as he shall judge expedient, upon the conditions, and at the time pres(fltt)ed by law : Provided always, that such returns shall be made to him, and in such manner by all parties concerned, as he shall require, to enable him to decide upon the amount and payment of said sums. Union of trn»' toesofiepant* sohoolHin a'" and towns. Chief Superin- tendent to de- termine propor* tion of Legisla- tive Grant to separate aohooU •Ml. :.:.yn\: I '-^HJ ;-rf: ■5 lh':> ■.V:^ ,,<'»,■>} r.'..«tjjrt'- iVo. 4. The Chief Superintendent to the Roman Catholic Bishop of Toronto. /{;;v;u .r,^'^- •■ Comparison of the School Laws of Upper and Lower Canada regulating Separate Schools, [No.wn.M.] r ' - J 'Hi Education Office, r'^r^. " ; <; > > ; -'■■ ' •'■ '• ' Toronto, 26/A August, 1854. My Lord, ... : . .; During some months past, your Lordship has been pleased several times to attack me personally by name — attacks which have been often repeated and variously enlarged upon by the newspaper organs of your Lordship. On two occasions especially, once in Lower Canada, and once in Upper Canada, you have charged me with " falsehood." The former of these attacks was made by you on the occasion of a "Catholic Institute," at Quebec, presenting an address to your Lordship, and in which Mr. Cauchon, M. P. P., took a part, under the smiling approbation of your Lordship. This proceeding was first reported in Mr. Cauchon's paper, Le Journal de Quebec, and afterwards translated for, and published in, the Catholic Citizen^ of Toronto, the 22nd of June. The latter of your Lordship's attacks was made in an address to a "Catholic Institute " in Toronto, and reported in the Catholic Citizen of the 20th July. I am quite aware that these attacks upon me, in connection with the provisions of the law in regard to separate schools, were designed to influence the recent elections ; and for that very reason I thought it proper not to notice them until after the elections — that your Lordship might have every possible benefit of them, and that I might not give the slightest pretence for a charge that I interfered in the elections. Indeed, at no period during the last twenty-five years, have I electioneered for or against any candidate whatever. 1 have at diflbrent times, especially during the many years that I was an editor of a weekly paper, earnestly discussed great principles of government and civil rights, hut in the application of those principles I \{^ ,t* ■1» -t. J. * < 'A i ^) Jj , 1 r ' 'f f."!. **' «ft '■ Sj •»■, flvp h' 'H . n '^ for or against any particular candidate at an election, I have taken no active part, not even so much as to give an advice in any instance ; nor can any man trnly charge me with doing so. But as that reason for my silence no longer exists, and as my silence seems to have been mistaken for an inability to answer your Lordship's statements and imputations, in consequence of which, one or two respectable journals in Lower Canada, have been led into the error of supposing that there was some ground for your Lordship's charges, I will briefly reply to them. In my last annual report, I stated that supporters of separate schools in Upper Canada occupy the same position in respect t4||^e public schools as do the supporters of separate schools in Lower Canada. Your Lordship charges me with the "direct assertion of falsehood," with asserting the " reverse of truth" on this subject. Before noticing your Lordship's charges in detail, I may remark that when public men have said that they will advocate granting the same privileges to the Catholics in Upper Canada as are enjoyed by Protestants in Lower Canada, they are quite right, and say no more than I have said from the beginning — no more than I have sincerely intended — no more than each succeeding administration has intended — no more than the late Attorney General (now Judge) Richards believed was fully secured to them by the Supplementary School Act for 1853; for after he and 1 had gone over the several clauses of the fourth section (relative to separate schools) of the supplementary school bill, he asked me if the supporters of the separate schools were now placed on the same footing in Upper Canada as in Lower Canada ; I replied I believed they were in every respect — that in some particulars there was a difference in the mode of proceeding in the two sections of Canada, arising from the existence of municipal councils and assessments in Upper Canada, and the payment of all school moneys by county and town treasurers, which did not exist in Lower Canada — that in regard to these peculiarities, nothing was required of the trustees of separate schools, which was not required of trustees of public schools, with the single exception that in the semi-annual returns of the former the names of children and their parents or guardians were included, with the amounts of their school subscriptions, in order that it might be known whom to exempt from the payment of pubfic school taxes. But I desired the Attorney General to examine for himself the provisions of the two laws in regard to separate schools. At his request, I took the school law of Upper Canada as existing and as proposed, and he took the school law of Lower Canada, and went over the provisions clause by clause relative to dissentient schools, while I referred him to the corresponding clauses of the school law of Upper Canada ; and after he had finished, he said the equality in the two cases was perfect, and he was prepared to defend it. After this examination, and with this conviction, the Attorney General, with the concurrence of his colleagues, brought the bill before the Legislative Assembly, and it was passed— after which, and for several months, your Lordship's newspaper organs boasted ol it as subverting the foundation of our public school system, which your Lordship had so fiercely denounced, and would soon secure its overthrow. This turns out to have been a great mistake — our school system is neither shaken in its foundations, nor impeded in its progress ; and now your Lordship manufactures new charges against no active part, any man troly lence seems to statements and rnals in Lower ome ground for ihools in Upper o the supporters vith the "direct subject, lark that when rivileges to the sr Canada, they :— no more than Mnistration has chards believed 53; for after he ive to separate pporters of the ada as in Lower ome particulars ions of Canada, I Upper Canada, •s, which did not ig was required istees of public ' the former the \i the amounts of to exempt from leral to examine ichools. At his roposed, and he clause by clause ding clauses of the equality in lis examination, urrence of his t was passed— ;ans boasted of ur Lordship had irns out to have bundations, nor charges against the school law, and new impatations against myself. I will now quote and answer them one by one. 1. Bishop Charbonnel. "In Lower Canada, any number whatever enjoy the right of establishing separate schools, while in Upper Canada it is necessary for twelve resident heads of families to apply in writing to the municipal council or the board of school trustees in any city or incorporated village." Answer. This is not correct. There can be no dissentient school district in Lower Canada, which shall contain less than twenty children between the ages of five and sixteen years ; nor can any dissentient school be continued which is not attended by "at least fifteen children." See sections 4, 19, 26. 27, Act 9 Vic, chapter 27. These conditions are not so easy as those required of the same parties in Upper Canzida. 2. Bishop Charbonnel. "In Lower Canada, Protestants exercise, without restriction, the right of establishing separate s(^hooIs, while in Upper Canada, persons desirous of doing so must be either freeholders or householders." Answer. This is a mistake. The Upper Canada School Act specifies "resident heads of families'' without any reference to their being freeholders or householders, and the "parties petitioning for and sending children to a separate school'' elect the trustees. 3. Bishop Charbonnel. " In Lower Canada, Protestants have only to signify their intention of having started a separate school, while in Upper Canada before any proceedings are taken. Catholics must apply to a Protestant Board, before their school can have an existence." " That the right has been bestowed of establishing separate schools, even where a Protestant teaches a conmion school." Answer. This is a mistake. The Superintendent of Education in Lower Canada says, in his official circular, " The present act authorises the establishment ol dissentient schools only upon the ground of religious difference, and to the inhabitants only forming the minority." "The law relating to common schools does not recognise independent [Protestant denominational] schools." (2) The Lower Canada School Act (9th Victoria, chapter 37, section 23) authorises the commissioners of each school municipality (the same as a board of school trustees in Upper Canada) "to regulate the course of study to be pursued in each school, and to establish general rules for the management of the schools under their care." And in order to establish a dissentient school, the 20th section of ihe same act provides, "That whenever, in any municipality, the regulations and arningchients made by the school commissioners for the conduct of any school, shull not he agreeable to any number whatever of the inhabitants professing a r'ljgious failli different from that of the majority of the inhabitants of such municipality, the inhabitants 3o disscnjent may collectively signify such dissent in miting to the chairman of said commissioners, and give in the names of three h' 28 r 'i trustees, chosen by them for the purposes of this Act ; and such trustees shall have the same powers and be subject to the same duties as School Commissioners, but for the management of those schools only which are under their control ; and such dissentient inhabitants may, by the intervention of such trustees, establish in the manner provided for other schools, one or more schools, which shall be subject to the same provisions, duties, and supervision," &c. The 27th section of the Act provides, that no such School shall receive anything from the School Fund unless it " has been in actual operation during at kast eight calendar months^ and " has been attended by at least Jif teen children." By these provisions, it is clear that the dissentients must signify in writing to the Chairman of the Local School Board their intention to establish a Separate School or Schools, the same as in Upper Canada; but they are not entitled to a Separate School without avowing their dissent from the regulations made by the very Commissioners to whom they are required to make the application ; nor can they receive any ail from the School Fund without having had a school in operation at least eight months, and attended by at least fifteen children. Another section of another act requires semi-annual returns made by them on oath of at least two of the trustees of the dissentient school as to the actual number that has attended their school — three conditions, these, and very serious ones too, which are not required of the Trustees of Separate Schools in Upper Canada. 4. Bishop Charbonnel "In Lower Canada, the clergymen of all religious denominations in each municipality are eligible without any property qualifications to be School Commissioners." Answer. So they may be elected trustees of separate or other schools, or appointed school superintendents in Upper Canada, without any property qualification whatever — without even being residents in the school sections where they are elected, — and even without being British subjects or taking the oath of allegiance. 5. Bishop Charbonnel. *' Protestant Trustees in Lower Canada have the same powers accorded to them as is given to Catholic Commissioners." Answer. The powers of Trustees of Separate Schools in Lower Canada are confined to the dissentients and the schools under their control. It is the same in Upper Canada. . 6. Bishop Charbonnel. ''Protestant Trustees in the Lower Province are constituted a Corporation for assessment and collection, and are entitled to receive from the Chief Superintendent, if they please, the sum proportionate to the dissenting population." Answer. The trustees of dissenting schools are designated by an inferior title to that given the managers of the Catholic schools in Lower Canada. They are called "Trustees of the dissentient schools in the municipality," while the others are designated " The School Commissioners of the municipality," and are declared to be a corporation under that name. The Protestant schools are not honored with 29 have the same the name of "separate schools," but are designated ** dissentient schools," and tlie managers are not called " commissioners " but " trustees," in contradistinction to commissioners; and are required to apply to the "president of the school commissioners'' for any lists of assessments and names of school *rate-payer9, &c.« in which they are interested, and to express, " at least one month before the first day of January and first day of July, that they are not satisfied with th# arrangements antecedently made by the school commissioners in said municipality," in order to obtain a release from the payment of school rates to the Catholic school of such municipality, and to collect them for the " dissentient school or schools." Nor is it correct to say, that the school fund in Lower Canada is given to the trustees of a "dissentient" school in a municipality, "proportionate to the dissenting population." This was the case under the School Act of Lower Canada of 1846 ; but this provision was repealed by another School Act ( 13 Victoria, chap. 60), passed in 1849, the 18th section of which provides, that the "dissentient schools" shall be entitled to receive from the superintendent a share of the general school fand (that is the legislative grant) bearing the same proportion to the whole sums allotted from time to time to such municipality as the number of children attending such dissentient school bears to the whole number of children attending school in 8uch municipality at the same time." Accordingly, in the School Act of Uoper Canada, passed the year after the passing of the School Act of Lower Canada, just quoted, it was provided that *' each separate school shall be entitled to share in the school fund according to the average attendance of pupils attending each such separate school, as compared with the whole average attendance of pupils attending the common schools in such city, town, or township." Thus the basis of distributing the money allotted by the Chief Superintendent to municipalities between the separate and municipal schools, is precisely the same in bpth parta of Canada. 7. Bishop Charbonnel "Every facility is afforded to Protestants for the collection of the sums to which they are entitled. I'hey have the same right of employing the municipal officers or not at their discretion." Answer. The trustees of separate schools have precisely the same rights and the same facilities for procuring the information they may require from the assessor's roll of school tax-payers, as have the trustees of the common schools, and as have the trustees of dissentient schools in Lower Canada, and can employ any person as their collector of the rates imposed by them, who is willing to accept the office, the same as the trustees of common schools. 8. Bishop Charbonnel. " They have the right of receiving a due proportion of the building fund." . .;,,„. Answer. The school law of Lower Canada authorises the expenditure of a portion of the legislative school grant in the erection and repairs of school-houses. Tkis is not allowed in Upper Canada, in regard to school-houses of any description. The whole of the lemslative school grant in Upper Canada must be exrend;jd in lif^il paying the salaries of teachers, in which separate schools share equally with other schools upon the same principle of distribution as that which is provided by law in Lower Canada. 'I'here is, therefore, no school ''building fund" in Upper Canada; and therefore none for common, any more than for separate schools. 9. Bishop £harbonnel. " Of having in Montreal and Quebec only one board of six members wholly independent of the other board." Answer. The trustees of each separate school in Upper Canada are constituted a board of examiners, "independent of all other boards" to give certificates of qualifications to their own teachers — a power not given to any other board of trusteed in any city, town, or municipality in Upper Canat a. 10. Bishop Charbonnel. ** Of receiving in these cities a sum proportionate to their population." Answer. There is no school rate, as such, levied in Montreal and Quebec. The arrangement of paying certain sums out of city funds which is confined to those two cities, and does not extend to any other part of Lower Canada, tells powerfully against the Protestants in those two cities, as they are not allowed to share in the fund according to their property or the taxes they pay, but according to their numbers — which are very small in proportion to their wealth, and therefore small in proportion to what they themselves pay to the fund itself. .^ 11. Bishop Charbonnel «And still further right of exemption from taxation for the purpose of establishing conunon school libraries and buildings." Ansteer. The school conunissioners themselves in Lower Canada, are not authorised to levy rates for libraries. The supporters of separate schools in Upper Canada are exempt from all school rates for libraries, as well as for the salaries of teachers, and from all rates for the erection of school-houses except such as were undertaken before the establishment of a separate school. Nor are the suoporters of ''dissentient schools '' in Lower Canada exempted from the payment of any school rates, whether for school-houses or for other purposes, which were levied before they established separate schools. The trustees of separate schools in Upper Canada have the same power, and receive the same assistance, for the establishment of libraries, as do the trustees of common schools. -irA^ii "v; >i f 12. Bishop Charbonnel. ** The right is also granted of corresponding with the Superintendent alone, and the right of such large, beneficial and liberal constructions as will ensure the attainment of the objects of the act, and the enforcement of the several enactments, according to their true intent, meaning and spirit." Answer. The same right exists in Upper Canada in rega.-d to the trustees of separate as well as of public schools, and has never been denied in any one instance. But it is a regulation of my department, that parties complaining should furnish a copy of their conmiunication to the parties against whom they complain, and against whom my decision is invoked — and I have adverted to a disregard of this equitable and necessary regulation on the part of separate school trustees in the 31 ally with other ided by law in rpper Canada; mly one board are constituted certificates of }ther board of roportionate to 1 and Quebec, is confined to Canada, tells not allowed to It according to , and therefore from taxation n nada, are not hools in Upper the salaries of such as were the suDporters it of any school ed before they Jpper Canada ;ablishment of iding with the I constructions cement of the le trustees of '' one instance. )uld furnish a lomplain, and egard of this ustees in the city of Toronto,* although I did not even delay on that account to receive and answer their conamunication. The publication of my correspondence with theae parties — and which has been withheld in the bishop's newspaper organs that have perpetually assailed me — would furnish a complete refutation of this ui\just and groundless innnuation. It has also been shown above that the " di.s3entient minority" in Lower Canada, must previously "correspond," not "with the superintendent alone," and not at all with him, but with the Catholic school commissioners of the manicipality as to the establishment of a "dissentient" school, and must make a protest against, or avow their dissent from, the school regulations made by such commissioners, in order to establish a separate school; and afterwards make another written protest in order to be exempted from the payment of school rates levied by such commissioners — regulations which said commissioners are not required to communicate to dissentients at all. Should the Roman Catholic school commissioners make no "regulations" to which the Protestants could object, "on the ground of religious difference," they could not establish a "dissentient" schod — as every step they take towards the establishment of such school, must be subsequent to the making of school regulations by the commissioners ; must be effected by corresponding with such commissioners, and not with the Chief Superintendent ; and must contain a protest against, or avowed dissent from, the regulations made by such commissioners. Besides this, each semi-annual return to the Chief Superintendent of the actual attendance of children at the " dissentient school " must be made on the oath of at least two of the trustees — a requirement which is not imposed upon the Catholic commissioners in making their semi-annual returns. Now, were the trustees of separate schools in Toronto placed in such a elation to the trustees of the public schools, and compelled to make every return on oath, without such oath being required of the other trustees, we should then have much more serious and better founded complaints from your Lordship. Nor is it unworthy of remark, that no religious denomination in Lower Canada can have separate schools such as are granted to Roman Catholics in Upper Canada. In Lower Canada the schools of the mtyority are denominational, while the schools of the minority are non-denominational — it having been officially and judicially decided there that the schools of the " dissentients" are for Protestants generally in contradistinction to Roman Catholics, but not for any one denomination of Pro- testants in distinction from others. Therefore th^schools of the minority in Lower Canada cannot be used for denominational purposes, while the schoob of the minority are so used universally. 13. Bishop CharbonneL " It is again enacted that no corporation shall alienate any portion of property held by it without the sanction of the Chief Superintendent, and no such corporation shall cease by reason of the want of school conrniissioners in any municipality at any time." - . f*;^ s' <.. ; < < i .,(. Answer. Nor can any corporation cease to exist in Upper Canada for want of a school, or even for want of members ; nor can school property be alienated or applied to other than school purposes, even with the sanction of the Chief * See letter to the triuteei of Aoomu Ottholio Schoola, Toronto, dated Uih Mmj, 1864. Superintendent ; and separate school corporations in Upper Canada are responrible to their supporters alone, in regard to all school property, and not to the Ciiief Superintendent. I 14. Such are the points on which your Lordship has undertaken to compare the school laws of Upper and Lower Canada in regard to separate schools, in order to prove that 1 have asseiteJ " lalsehood»,'' and that I have got laws passed which are urvjust and oppressive towards the Roman Catholics ; and by moans of soch statements And representations, your Lordship has endeavoured to impress public men in Lower Canada with the idea that you are cruelly oppressed and persecuted by the school law and its administration in Upper Canada, and thus to sow the seeds of distrust and dissension between the two sections of United Canada, and invoke the interference of Lower Canada in matters appertaining exclusively to Upper Canada. The intelligent statesmen of Lower Canada will, no doubt, be surprised to find how utterly apocryphal are your Lordship's representations on thia subject, and how grossly you have wronged the people and public men of Upper Canada by yaur statements and appeals. 15. Your Lordship has represented me as having "been compelled to change my decision " on a matter respecting which I gave but one decision, and that willingly and promptly ;* and you have assailed me with opprobrious epithets and allusions, when, if the correspondence which has taken place between this department and persons acting under your Lordship's direction, were' published, it would be seen who has endeavoured to give the most liberal construction and application of the law, and who has sought to evade its provisions, to embarrass its operations, and to create and multiply causes of dispute ; that if money has not been paid when the law provided for its payment, to whom the delay is justly attributed : — that if (according to the reported proceedings of the board of school trustees for the city of Toronto, this very week) the legislative school grant is promptly and fairly apportioned between the public and separate schools in 1854, it is not because the law is difTerent from what it was in 1853, but because the provisions of the law have been complied with by parties who did not observe those provisions last year. Nor can the fact fail to be noticed, nor its legitimate inference be overlooked, that these disputes between separate and other school trustees, are, as far as I know, confined to the city of Toronto, and as the no'se about the school law has been commenced and perpetuated by an ecclesiastico-political institute, of which your Lordship is the animating spirit, there must be some other cause than anything unjust and oppressive in the provisions of the law in regard to any party. A key to explain much of the zeal evinced by your Lordship is furnished in a remark of Mr. Cauchon's, whose address to your Lordship seems to have afforded you so much gratification. Mr. Cauchon says : *' Who is ignorant of the fact, that Protestantism is intolerant in its very nature. It will cry out to you, be freemen, if you think an we do; if not, be slaves. Liberty is for Protestants." This, it appears, is the feeling your Lordship seeks to inculcate in Lower Canada, in regard • Sec letter to certain Roman Catholic inLabiUnts of St. David's Ward, Toronto, dated 80th August, 18&3. 33 to the religion and spirit of the great mf^ority of the people of Upper Canada, and ' is sufficient to account for your eflforts to seek the destruction of our public schooU and school system. In replyi might I not assert as fact, apart from ^ology, that the essential principle and life of Protestantism is liberty, and that no tru^ Protestant can be a religious persecutor ; and that the liberty and rights enjoyed by Roman Catholics in the Protestant countries of Great Britain and the United States, as compared with the liberty and rights enjoyed by Protestants in the Italian States of the Pope, afford a happy commentary on the liberality, the modesty, the intelligence and the truth of the assertion, that " Protestantism id intolerant in its very nature ;" and that ** among Protestants, all arc slaves except Protestants." I have only to remark in conclusion, that it has not been my object in this communication to express an opinion as to whether or not the school law is suscep- tible of amendment or improvement on the subject referred to. In regard to allegatioRB against the school law and its administration, 1 intimated in my last annual report, that an investigation of them by a government commission or parliamentary committee, would be just to the school system and equally just to all parties. Your Lordship seems to prefer the mode of making addresses at Institutes in Toronto and Quebec on the sutyect, to the method of public inquiry, where both sides can be heard, and where assertions are weighed in the impartial balance of intelligence and justice. There is no accounting for tastes ; but as your Lordship has chosen to charge me before popular audiences, and through the newspapers, with it\justice in my official acts, and falsehoods in my official statements, rather than meet me at the tribunal of a governmental or parliamentary inquiry, I have been compelled to write and publish this letter. Whether I have acted unjustly towards the Roman Catholics — whether I have not treated them with the same consideration that I have any other religious persuasion in Upper Canada, I am prepared to answer before any tribunal of inquiry which may be appointed ; and whether your Lordship or I have made incorrect statements, any one can judge afler reading your Lordship's assertions above quoted, and my answers to them. .-■:! '■■t.r^.i'i- ii'i If. i"i-rW*i-ni 1^. r'&'i;''i'i''*vj ■T- 30th August, 18&S. Vk No. 6 — Comparative Table of Legislation on Separate Schools in Canada^ pr^ared by three 15 VFFXB CAVXJtX. i SFor having Separate Schools, be twelve heads' of families ; apply to and be authorised bjf persons opposed to them Separate School Supporters Cannot- 'Have a Separate School where a Catholic teaches a Common School, nor provide by themselves for the Election of Trustees.....^ A. 19.« Nor elect for Trustee a Clergyman having no . propetty •^. f Contribute to the Common School Buildingtt, ^ ( and Libraries .... Be less than 21 in Toronto School Trustees Cannot' i A. 5. A. 27.— B. 4. A. 22. Exercise the same powers as the Coounoii School Trustees A. 19.— B. 1. Circumnoribe their SchodS' wherever they like,.. A. 18; Beceive thpjr shares from the Chi^f Supprin,- tendent, and apply to him for any case they like , AiB. here A there. Nor receive any shar? aqcording to popuiydoPM Avail themselves of the Mtmieipal Assessment and Collecting..., 'Take a census during the greatest heat and cold And twice a year the names of Parents and Pupils, with daily attendance Most- [ The names of Subscribers to Separate Schools, having no child thereat And the amount of their Taxes, even unknown.. B<4^ do. do. do. d > '>:'■. I Have Separate Schools even where a Dissenter teaches the Common School Keep Common School Buildings for them•^ selves, far from being obliged to contribute f to Common School Buildings or Libra- 1 ries ) Elect for Trustee a Clergyman having no property ; 'Are only six in Quebec and Montreal, larger ) cities than Toronto.. J Have all the same powers as the Common School IVustees Separate School Trustees . .-.- ;t ^- Circumscribe tbeir Schools as they like., Hay apply to the Chief Superintendent for ) any case, and receive from nim their shares > any in all School Funds A. 26. B. 6. A. 43. A. 26. B. 18. A. 26.— B. 18. On easy Beports and Certificates.... A. 27.— B. 18. According to their population in Quebec and'^ Montreiitl, and wnerever they are pleased f with the Municipkl Assessment, and Col- C lecting ) A. 26, 48. i. •■.t- . I . .-1. If not, they provide for both, and get shares \ according to attendance j Cannot be visited by Clergymen of Borne B. 18. A. 33. N. B.^A. means 9 Vict., c. 27 ; B. 12 Vict., c. 60. From those liberal clauses working liberally, fiill satis^Mtion of Proteetanti. I I if. 1 Rope^l of k»piir!tlo Mhool (UUMS. Any number of diMonttenta 36 The only eHlcient remedy to that inveterate wound in a country which wants, a^)ovo all, union and peace for its progress and prosperity, is to repeal clausen 19 A. and 4 B., Upper Canada; to place separate schools for ever) thiftg under only one Onioial, not opposed to separate schools, and give them an equal share in all school funds. On that principle, and on the legislation of Lower Canada, is framed the following project of a School Bill : An Act to better define certain Rights to parties therein mentioned. Prcaaibie. ^llTHEREAS the clauses of the school acts on separate schools in T T Upper Canada do not secure all that is granted to the dissenters in Lower Canada, I. Be- it enacted, That the clauses 10— 13& I4,y.,c. 49,— and 4— 10 V., c. 185, — be and are repealed. II. That in any school section, when the arrangements for the common r"i»y eitobilsh aschool shall not be ajrreeable to any number whatever of dissidents, those neparatti school ,. . , . .„ . . . i i . « • i , « ati.1 elect trus- (Jissidcnts may signiiy m wntmg to the chanman of the board of com- mon school trustees, their will of having one or more separate schools, and give in the names of three trustees, freeholders or not, elected by a majority at a public meeting convened by three heads of families of the same school section, and held according to the clauses 4 and 5 of the School Act of 1850: Provided that no member of those dissidents shall be allowed to vote at any common school election within the school section in which their separate schools shall be established. (So it is in Lower Canada, see V., c. 27, sec. 20.) Ti-usitiMM a cor< III. That the said I. ustees, by the only fact of the said signification and l^uaVoxt'eudcd election, shall form de facto a corporation under the name of !n(m?ciioo?'°' having all the same rights and powers, as defined and extended in common school acts of Upper Canada and in this act, subject to the same duties and penalties as the board of common school trustees, such as defined in the clauses 12 and 13 of the School Act of 1850, with the ex- Etri'wiveiy ac- caption that they will be exclusively accountable to the only one official countable to *. , , i n • r mi i i« ini t;wirovru!>pcciai appointed cd hoc for copies, reports, &c. : That board also shall be renewed partly at each annual school meeting, as provided by the clause 3 of the School Act of 1850. (So it is in Lower Canada, see ditto.) Oannrai pubiio IV. That in localities divided into wards, each ward this year within vmS'io'oi"^ two months after the passing of this act, and every year after, on the trustees. "^ *^ second Wednesday of January, shall elect one fit person to be a trustee of one or more separate schools, and hold office until his successor be elected at the ensuing year, or himself may be re-elected if he consent CorppTition thereto ; that those trustees shall form one corporation under the name of having the same rights, subject to the same duties and penalties as mentioned in the preceding clause III, with the same exception that they will be accountable, for such conditions as may Rtciiwiwiy ac- be required, exclusively to the only official appointed for the superinten- ^iTji" Ij;^" syt- Jence of separate schools ; and that any mnjority of the members present 87 at any mpeting regularly held, at which there shall be an absolute mtyority of the members of the board, may validly exercise all the powers of the corporation. (So it is in Lower Canada, see 9 V. c. 29, sec. 5.) V. That the said trustees may circumscribe their separate schools as Sp^fti jKwfr* they like, (so it is in Lower Canada, 12 v., c. fiO, sec. 18,) receive children oUumIii. of their faith from other school sections, (so it is in Lower Canada, 9 v., c. 27, sec. 2*.). J and qualify teachers for their separate schools, until they have a separate normal school. VI. That the said trustees shall be entitled to receive from their said To rp(v.iv« mm* , . , , . 1 L I • I ixxtm «rniit, all special superintendent, on a report such as required by him, such sums t»x«H,ami public « 1 /• 1. . /. I 1 « fl municipal fiiiiu« nut of the government grant out of all the taxes for school and library in rntioofpopn. °, - ... ..1,^1/.. '»"""• o" ""«'• rurposps, and out of any provincial or municipal school funds, as pro- report »« ti.»ir portionate to the population they represent according to the last olncialciainiaiTtquirr. censu.s, (so in Lower Canada, V., c. 27, sec. 20, 12 V., c. 50, sec. 18,) provided that those sums shall be expended for school purposes : Provided ^om^iWon of also, that should any municipal corporation refuse to pay any portion «»"<>' "^f""'- of those sums, either the Chief Superintendent shall deduct a sum equal to tlie deficiency from the apportionment of the current and following years, until full payment, or tht secretary of the board shall refer the case to the superior court, who ./ill judge of it, and shall order the pay- ment by all legal means. VII. That such of the provisions of the common school acts of Upper mi cunt^nTr Canada as are contrary to the provisions of this act, shall be and are rciwaku. hereby repealed. VIII. That generally all words and provisions of this act, doubts and Act to b<» fwiy difficalties arising about it, shall receive such large, beneficial and liberal construction as will best iisure the attainment of this act, and the enforcement of its enactments, according to their true intent, meaning ar.d spirit. (So in Lower Canada, 9 V., c. 27, sec. 55.) IX. That the present act shall take effect from the first of January ofcommenceaea this year, 1855. We, the undersigned, hereby declare that nothing short of the above will satisfy the conscientious convictions of the Catholics of this Province. ' + Patrick Phelan, Bp. of Carrhoe, Adm't. Apostolic. (Signed) 4- Armandus Fk. Ma., Bp. of Toronto. + Job. Eugene, Bishop of Bytown. •; : T- ---i I ; 88 No. Q^-^e Chief Superintendent to the Honorable Attorney General , McDonald. . . ;. ; , . On the Roman Catholic Bishops' comparative tnble of legislation on Separate Schools, and draft of a new School Bill for Upper Canada. [No.l3M,N.] *1' ;( Sib, Education Office, Toronto, 2nd April, 1855. As you are the member of the Government to whom has been confided the care of all measures relating to the educational interests of Upper Canada, I desire to address to you some observations on a paper (a copy of which is liereto appended), which the Right Reverend Dr. de Charbonnel, Roman Catholic Bishop of Toronto (after having procured the signatures to it of the Roman Catholic Bishops of Kingston and Bytown), has distributed amongst the members of the Legislature during the present session, and has pressed upon the Government as the ultimatum of his demands on the subject of separate schools. This paper consists of two parts — first, a professed comparison between the school laws of Upper and Lower Canada, and secondly, a draft of bill embodying provisions, as the signers state, nothing short of which will satisfy the conscientious convections of the Catholics of tliis Province. I have said that this paper is signed by three Roman Catholic Bishops. This 'a tlie case with the copy before me, and with copies which have been enclosed to some members of the Government and of the Legislature ; but I believe the greater number of copies of it are anonymous, and have been enclosed in a pamphlet against our school system, published by Mr. Angus Dallas, wooden ware and toy •nerchant, Toronto, who, though he is said to be sceptical as to the Christian religion ;:self, has written against our school system, because it is not religious enough, in lopes of inducing the religious people of Canada to prevent the board of school trustees in the city of Toronto from taxing his property to support free schools- institutions which fill Mr. Dallas' imagination with terror, and tinge the pages of his pamphlet throughout with the hue of sombre melancholy. Bishop Charbonnel is t!ie only ecclesiastic I know of in Canada, and the Catholic Citizen the only ne\vi«- paper I have seen, who have extended to the sceptic writer of this sorrowful pamphlet the support of their patronage in the circulation of his attack upon our public school system. The professed facts of this pamphlet are fictions, so far a> tliey apply to our schools, and so far as they relate to myself personally :ind to the normal school. I should not refer to it here, as I have not thouglii it needful to notice it, w^ere it not circulated by Bishop Charbonnel, and intro- duced as an authority into the paper which he has circulated amongst the iviembers cf the Legislature, and were there not introduced, as the motto of the paiiiphlet, a garbled extract from an address delivered by the Honorable Chief Justice Robinson, at the opening of the new normal school buildings for Upper Canada, the 24th November, 1852, by which it is attempted to make the Chief Justice niey Gmeral ind draft of a ne* pril, 1855. •nfided the care ida, I desire to •eto appended), iiop of Toronto jHc Bishops of the Legislature the ultimatum consists of two )er and Lower le signers state, he Catholics of ishops. This is iclosed to some the greater mphlct against xixxe and toy iristian religion ious enough, in )oard of school free schools— the pages of his Charbonnel is the only newv this sorrowful ittack upon our ;tions, so far as self personally ve not thouglit mel, and intro- amongst the e motto of tlie onorable Chiot ings for Upper he Chief Justiw 39 express a sentiment unfavorable to our public school system. Sir John Beverley Robinson has evinced himself a cordial friend of our school system, as testified by his addresses on various occasion ; the distinguished Baronet is a man of too high a sense of honor and propriety to have consented to deliver the address on the auspicious occasion referred to, had he not approved the system of public instruction of which the normal and model schools are the types and auxiliaries : and such was the whole character of the beautiful discourse which he read and which was published entire in the Journal of Education for December 1852, and in my annual report for the same year. But, as late as the 8th of last January, Chief Justice Robinson, in his annual address before the Canadian Institute, took occasion to allude to our common school system in the following significant terms : •' If the system of common school education which pervades all parts of Upper Canada shall continue to be maintained in full efficiency, tvhich there is no reason to doubt, the number of those who can enter with pleasure and profit into discussions upon subjects of science will be immensely increased ; and those whose generous aim it may be to enlighten and improve others by communicating freely the results of their own researches and experiments, will find abundance of hearers and readers able to understand and reason upon their theories. There is good ground, too, for expectation that, with the advantage of public libraries, selected as they are witli care and judgment, which are being formed within the several counties, and eveu within each school section, a spirit of inquiry will be fostered, and an ambition excited to be distinguished in scientific pursuits, which we may hope will in time add largely to the number and variety of interesting contributions to the Institute." Therefore Bishop Charbonnel and Mr. Dallas (the one in his personal inter- course and the other in his pamphlet) are wholly unjustified in using the name of Chief Justice Robinson as authority for their attacks upon our school system. I will now address myself to the paper referred to ; and in doing so, I will notice first, The statements which Bishop Charbonnel has made in his comparative view of the school laws of Upper and Lower Canada ; secondl}'. The nature of the demands made in Bishop Charbonnel's draft of Bill ; and thirdly, The course of proceeding which I have pursued, and which Bishop Charbonnel has adopted towards me, in respect to separate schools. I. — Bishop CharbonneVs statements respecting the school laws of Upper and Lower Canada in regard to separate schools. The statements contained in this "Comparative table of the legislation on separate schools,'' are the same as those which were delivered by Bishop Charbonnel at the "Catholic Institute" in Toronto, and published in the Catholic C itizen in July before the last general elections, and afterwards shown by me to bo wholly incorrect in a letter addressed to the Bishop published in the Toronto papers, and dated 26tli August, 1854.* The Bishop repeats and republishes these statements just as if ther were true, and as if they had never been shown to be otherwise. It will therefore be necessary for me to notice them again in o;dor. . , * See letter, Nu. 4, to the Kuiuaii Catliulic Jiiatiop ot Toroi to. •Ma H H Is triMHa! P'^mK ml bi^ "Am 40 E } \st Statement. — " In Upper Canada, dissenters must, for having separate schools be twelve heads of families, apply to and be authorised by persons opposed to them • in Lower Canada, dissenters may, in any number whatever, heads of families or not estttbliah separate schools, without petition to, or authorisation from persons opposed to them." Correction — ^Both parts of this statement are incorrect, " twelve heads of families, * in place often freeholders, as provided in previous acts, were inserted in the school act of 1850, in accordance with the wish of the acting Heads of the Roman Catholic Church at Toronto ; and I would have as readily proposed five heads of families as twelve had it been desired, nor will any one pretend that a school can be established and sustained by fewer than twelve heads of families. It is not correct to say that there is no reference to numbers in Lower Canada ; though heads of families are not mentioned, the oifspring of heads of families are specified ; for a dissentient school is not allowed except in a school district which contains more than twenty children between the ages of five and sixteen years ; nor can any dissentient school be continued which is not attended by " at least fifteen children," as certified on oath, a coiidition imposed on the dissentients of Lower Canada alone. See sections 4, 19, 26, 27, Act 9 Vic. eh. 27, and section 18, of the Act 12 Vic. ch. 50. These con- ditions and the returns they involve, are vastly more restrictive and onerous than a single application signed by twelve heads of families, without reference either to the number of children residing in the school district between the ages of five and sixteen years, or the number in actual attendance at school. Those parts of the statement which represent the applicants for separate schools as depending suppliants for authorisation before persons opposed to them, while the reveree is the case in Lower Canada, are a mere play upon words. It is true, the (lissenters *' apply to " and are " authorised by " a municipality to elect their school corporation, and so does a person " apply to " to the Crown Land Office, perhaps to an opponent, for a deed of land, and is " authorised by '' such deed to hold the land ; but is he thereby a dependent ? So do common school trustees, in townships, cities and towns, apply to the municipal councils tor sums of money to be raised by ratef^, and are " authorised " to receive and expend such sums. But are the trustees thereby dependents on the councils ? No, the latter are required to comply with the application of the former, and have been, in more than one instance, compelled to do so by the decision of the Court of Queen's Bench. So is each municipal council required to comply with the application of any twelve heads of families in a school section for a separate school, and must include in such separate school section all who apply to be included. What more can be reasonably desired ? It is also thus through the municipal council that every school section in Upper Canada is con- stituted, and the first trustee > lection in it provided for. And the clerk of each council is required to keep a rei ord of all the school sections in the township. With- out such a record there can be no means of knowing the limits of school corporations, or how to levy school rates or exempt parties from their payment within any such school divisions. It is of no more consequence whether the municipal council is favorable or opposed to parties applying lor a separate ichool, than it is that a post 41 master should be favorable or opposed to the parties applying for letters at I his office. In Lower Canada, where our system of municipal councils is not yet established, I school municipalities are constituted by law the same as townships or parishes ; but the dissentients desiring a separate school, must address the chairman of the very board of commissioners to whom they are opposed and against whose regulations they must protest in order to obtain a separate school, and then cannot get it [unless they can produce twenty resident children between the ages of 5 and 16 years, nor share in the school grant until eight months after the school is I established, nor without maintaining the attendance of at least 15 children, and certifying their reports on the oath of at least two trustees, though a separate school can obtain its share of the legislative school grant in Upper Canada from the time of its establishment, and according to the attendance of pupils, whether 1 or 20, and without certifying the report on the oath of trustees. 2nrf Statement. — " In Upper Canada, separate school supporters cannot have a I separate school where a Catholic teaches the common school ; dissenters in Lower Canada may have separate schools even where a dissenter teaches the common I school." Correction. — The Superintendent of Education in Lower Canada says, in bis official circular, " The present act authorises the establishment of dissentient schools only upon the ground of religious difference, and td*the inhabitants of the minority." In my Annual School Report for 1852, and often since, I have stated that when a I separate school is once established, it can be continued as long as the parties establishing it desire, whether the public school is taught by a Protestant or Roman I Catholic. .. y^- r In Upper Canada there are some 300 Roman Catholic teachers employed by Protestant school municipalities ; but how many Protestant teachers are employed in Lower Canada by Roman Catholic school municipalities ? Zrd. Statement. — ^" In Upper Canada, separate school supporters cannot elect for a trustee a clergyman having no property ; in Lower Canada, dissenters may elect for trustee a clergyman having no property." Correction. — The law leaves the supporters of separate schools to elect whom they please in Upper Canada, whether a freeholder, householder, or not, whether resident or non-resident, foreigner or subject ; of this I have assured Bishop Charbonnel, and Roman Catholic clergymen have been elected school trustees in Perth, Prescott, Brockville, Kingston, and other places. Ath Statement. — " In Upper Canada, separate school supporters must contribute to the common school buildings and libraries ; in Lower Canada, dissenters may keep common school buildings for themselves, far from being obliged to contribute to common school buildings or libraries." -'I Correction. — Supporters of separate schools in Upper Canada are exempted from school rates of every description, except in the single case of school buildiDgg commenced before their separation from the public schools. The latter part of the statement is also a misrepresentation of the school law of Lower Canada. The act, the 26th section of which is referred to as authority for this statement, was passed in June, 1846, and the provision in question applies exclusively to separate schools that were then in operation — not to any that have been established since, or that may be established. The words of the act are, "Provided always, that when- ever the majority of the children attending any school now in operation, and the school house shall belong to or be occupied by such dissentients, the said school house shall continue to be occupied by them as long as the number of children taught in such school shall amount to the number required by this act, to form a school district.'' Thus this provision applies only to school houses which were built under former school acts, and before 1846, and which at that time belonged to cUs- sentienls or were occupied by them. The law, therefore, simply secured to them what was their own at the time of passing it, but that only so long as they should have twenty children between the ages of 5 and 16 years in the school district, with at least fifteen of them attending the school; but it has no application to any school house which has been built since 1846. Under analagous circumstances, all school houses now built or to be built in Upper Canada, would continue, as a matter of course, in the hands of the occupiers of them. The Superintendent of Education for Lower Canada, in his circular to school commissioners, dated 15th June, 1846, refers to the point in question, as follows: "It will be observed, however, that the 2lst clause of the act, 9 Vic. ch. 27, placing at the disposition of school commissioners all the lands and school houses acquired, given to, or erected under the authority of former education acts, or of the present &ci, gives no power or right to the trustees of issentient schools to detnand the use or possession of the like property, unless they were in possession of tlie same at the time of the passing of this act." [1846.] 5th Statement. — "Separate school trustees cannot be less than twenty-one in Toronto; separate school trustees are only six in Quebec and Montreal — larger cities than Toronto." • . Correction. — There have been fourteen trustees of the public schools in Tor- onto ; there will be twenty the current year.* The act 1 4 & 1 5 Vic. ch. Ill , leaves it discretionary with the parties supporting separate schools, to have two or more wards of any city united into one, and thus reduce the number of the trustees to three, if they please. Gth Statement. — " In Upper Canada, the separate school trustees cannot exercise the same powers as common school trustees ; in Lower Canada, separate school trustees have all the same powers as common school trustees.'' Correction. — The 19th section of the Upper Canada School Act, 13 & 14 Vic. ch. 48, provides expressly that "each separate school shall go into operation at the • This was written in anticipation of the passage of tlie clause in the Grammar and Common School Bill providing for the union of the two boards of trustees in each city, town or village in Upper Canada. f i m Line time with alterations in school sections, and shall be under the same regu- Itilions in respect to the persons for whom such school is establis/ied, as are common ichooh generally.^* Then when the powers of school trustees, in respect to levying and collecting school rates were extended in the Supplementary School Act, it was also provided in the 4th section of that act, "that the trustees of each separate school shall be a corporation, and shall have the same power to impose, levy and collect school rates or subscriptions upon and from persons sending children to, or subscribing towards the support of such separate school, as the trustees of a school section have to impose, levy and collect school rates or subscriptions from other I persons having property in such section, or sending children to, or subscribing towards the support of the common school of such section." The section of the Lower [ Canada School Act, referred to by Bishop Charbonnel, in respect to the trustees of dissentient schools, provides that "such trustees shall have the same powers and be subject to the same duties as school commissic .ers, hut for the management of those schools only which shall be under their controV^ ' ' ' "ith Statement. — "In Upper Canada, separate school trustees cannot circumscribe their schools wherever they like ; in Lower Canada, separate school trustees circum- scribe their schools as they like." .,,.(_.,,, i . ...i^.,. .. .', , . . , Correction. — There is not one word about circumscribing schools or school divisions in the section of the act to which Bishop Charbonnel refers in this state- ment. The school municipalities are fixed by law in Lower Canada, and can no more be changed than townships in Upper Canada. In Upper Canada, these school sections are fixed by the local municipalities, and must include all the applicants for a separate school. ■ ' ' • " ' ' ^'m'-' Sth Statement. — "In Upper Canada, separate school trustees cannot receive their shares from the Chief Superintendent and apply to him for any case they like ; in Lower Canada, separate school trustees may apply to the Chief Supe'intendent in any case, and receive from him their shares in all school funds." , Correction. — ^The Chief Superintendent in Upper Canada, does not pay money to the trustees of any schools whatever, but to the county, city, and town treasurers, who pay them in behalf of separate school sections, upon the very same terms that they do to all other school sections. Separate school trustees can apply to the Chief Superintendent on any matter they please, the same as the common school trustees.* 9th Statement. — " In Upper Canada, separate school trustees cannot receive any * The following is printed on every letter sent out from the Department to Grammar, Common and Separate Schools: — 1. Appeals to the Chief Superintendent of Schools. — All parties concerned in the operations of the lirammar and Cuminoii School Acts have tlie right ot appeal to the Chief Superintendent of Sc'iools ; and he is authorised to decide on such questions as are not otherwise provided for by law. But for the ends of justice — to prevent delay, and to save expense, — it will be necessary for any party thus appealing to the ChitifSiipeiiiitciident of Schools: 1. To funii:>h the party against whom they may appeal with a coirect copy of their communication to the Chief Superintendent, in order that such party may have an opportunity of trauBmittinp; any explanation or answer they may j .dge expedient. 2. To state expressly, in the appeal to the Chief Superintendent, that the opposite party has been thus notified ; as it must not be supposed that the Chief Superintendent will decide, or form an opinion, on any point affecting different parties, without lieadng both sides — whatever delay may at any time be ocuusioued in order to secure such bearing. ^^ 'vl « f I share according to population ; in Lower Canada, according to population, in Quebec and Montreal, and whenever they are not pleased with the municipal assessment and collecting." Corrcctin. — In Quebec and Montreal there is no school tax, but a certain amount of the city taxes is paid to the Protestant and Catholic School Boards, ac- coniing to population — the Protestants being muc hmore wealthy in proporlion to their numbers than the Roman Catholics, and paying, therefore, much more than they receive. But throughout Lower Canada, the provision of the law is the same as in Upper Canada, and provides expressly as follows : •' The said trustees shall be a corporation for the purposes of their own dissentient schools and school district, anc! shall be entitled to receive from the Superinten.lent, shares in the general school fund, bearing the same proportion to the whole sums allotted from time to time to such municipality as the number of children attending such dissentient schools bean to the entire number of children attending school in such municipality at the sum time.''' 10th Statement. — "In Upper Canada, separate school trustees cannot avail them- selves of the municipal assessment and collecting.'' Correction. — Wor can they do so in Lower Canada, without declaring their previous dissatisfaction with the arrangements antecedently made by the school commissioners of the said municipality, relative to the recovery and distribution of the assessment; nor is there any provision to compel the commissioners to pay them; nor am I aware that this provision of the act is any thing more than a dead letter. Besides, the schools of the majority in Lower Canada are denominational schools; but those of the minority are not denominational schools. In Upper Canada, church and state union is not admitted ; and the nmnicipalities will not permit themselves to be made tax gatherers for any church, Protestant or Roman Catholic. To impose and collect rates by law for any church, is the worst species of church and state connection, nth Statement. — "In Upper Canada, separate school trustees must take a cen- sus during the greatest heat and cold ; send twice a year the names of parents and pupils, with daily attendance ; the names of subscribers to separate schools, having no children thereat, and the amount of taxes, even unknown; collect taxes from parents and subscribers." Correction. — The school law requires all trustees of both common and separate schools, to make semi-annual returns — the one at the end of June, the other at the end of December ; or, as Bishop Charbonnel says, " during the greatest heat and cold." The sfchool law in Lower Canada requires the same. No census is required of separate school trustees, except the nimes of children attending the schools, and of parents and subscribers to their schools, and the amounts of their subscriptions, that they may thus be known, so as to be exempted from the payments of all rates for the public schools. But the trustees of common schools, besides giving returns of the daily and average attendance of pupils, and of the amounts of all moneys received and paid by them, must make a return, (census, if you please) of all child- ren residing in their school section, between the ages of five and sixteen years. Vlth St( shares in all Correct legislative s jjine ratio there the sei of at least t their returns until after h least fifteen schools in U Wh St ofadifferen men of Rom Correct visited by P; not of the " i Uth Sti of dissenters witness Tor fiom these 11 C< met with the sch his belief the {i dissentiei was no diss Canada, unt this day, a aware of thi places. Bis been in Ton I have "Comparati duced by it ( and the bas( made about forth as mei these object nothing shoi convictions proviaions o * The Su| icbools siiioc ] 41 not avail them' lith Slalemenl.^—" In Ixiwer Canada, separate school trustees may receive their shares in all school funds on easy reports and certificates." Correclion.- — Though separate school trustees In Upper Canada shafe in the legislative school grant, on making the same returns, at the same times and in the siine ratio as trustees of common schools, yet it is not so in Lovi^er Canada ; for ihere the semi-annual returns of the dissentient trustees, must be made on the oath ol' at least two of them, which is not required of the school commissioners in making llieir returns ; nor can the trustees of dissentient schools share in the school fund until after having had a school in operation eight months, and an attendance of at least fitleen pupils-^three conditions, these^ not required of the trustees of separate schools in Upper Canada. > i .^ i,- Wh Statement.'^" In Upper Canada, separate schools are visited by clergymen ofadifterent faith; in Lower Canada, separate schools cannot be visited by clergy- men of Rome." Correction. — Roman Catholic separate schools in Upper Canada, cannot be visited by Protestant clergymen, who are by law visitors of " the public schools," not of the " separate schools.'' 14/A Statement.-^" In Upper Canada, from these penalties general dissatisfaction of dissenters, who cannot have either separate schools or the money due them ; witness Toronto, Hamilton, London, St. Catharines, &c. «fcc. ; in Lower Canada, from these liberal clauses working liberally full satisfaction of Protestants.'' C rrection. — I know not of a Protestant newspaper in Lower Canada satisfied with the school system there ; nor have I met with a Protestant who did not express ills belief that it is unjust to Protestants. I find, also, that in 1851, there Mrere but 43 dissentient schools in all Lower Canada, and in 1850 there were 44.* But there was no dissatisfaction with the school system among Roman Catholics in Upper Canada, until Bishop Charbonnel excited them to it ; nor has there ever been, to this day, a complaint from St. Catharines, or Hamilton, or London ; nor am I aware of the existence of a separate school, or a desire for one, in either of those places. Bishop Charbonnel has not been as successful in those places, as he has been in Toronto. * . , ' ?> . i i I have thus examined, one by one, the contents of Bishop CharbonnePs "Comparative table of the legislation on separate schools;" and the feeling pro- duced by it cannot fail to be that of surprise at the trivj^l character of his complaints^ and the baselessness of his statements. It must be obvious that so much noise is not made about such trifles, but that these statements and complaints have been put forth as mere pretexts, with a view of accomplishing more important objects ; and these objects will be apparent on examining the draft of bill prepared by the Bishop, nothing short of the provisions of which, we are told, <*will satisfy the conscientious convictions of the Catholics of this Province." I proceed, therefore, to examine the provisions of this drafl of bill, which will form the second part of this letter. * The SuperiiitcnUeat of Educutioa for Lovrer Canada has not reported the number of disientient icli'jola since 1851. »«!rT*«wii» i^, B / Bf, F i A6 II. — The nature of the demands manle in Bishop CharbonnePs draft of bill This draft of bill is the first docament that Bishop Charbonnel has printed,! stating explicitly what he and his colleagues demand. This document speaks for itself; and no private professions or disclaimers as to what is or is not desired orl intended, will be of any value in the face of what is here summarily and deliberately I demanded as necessary to "satisfy the conscientious convictions of tho Catholics | of this Province." The professed object of Bishop Charbonnel's statements and draft of bill, is to secure to the Roman Catholics in Upper Canada what is er^oyed by Protestants in Lower Canada; but the provisions of the draft of bill itself would confer upon Roman Catholics in Upper Canada what is not enjoyed by Protestants in Lower Canada, or in any other civilized country. Under the pretence of assimilating the school law of Upper Canada to that of Lower Canada in regard to separate schools, an attempt is made to place the property of every Protestant in Upper Canada, the power of every municipality, and the school fund itself, in subjection to thi promoters of separate schools, without their being subject to any of the restrictions and obligations to which separate schools in Lower Canada and public schools in Upper Canada are now subject. An analysis of the provisions of this | draft of bill will more than justify this assertion. 1. The first feattire of this draft of bill that I shall notice, is that which relates to the accountability, or rather non-accountability of separate school trustees, and the conditions of their claims upon the school fund. The third and fourth sections provide a qpecial superintendent for separate schools, to whom alone they are to make returns, and such returns only as he may require ; and on " a report such as (the j sixth section prescribes,) required by him," are provincial and municipal school fundi^ to be paid to separate school trustees, and that according to the last official census of the population. Now, every one of those provisions is contrary to the school law of Lower Canada. Here is a special superintendent for separate schools, which does not exist in Lower Canada ; here is no provision as to the kind of returns, or when the returns shall be made, or how attested, all of which are prescribed by the school law of both the Canadas, and are not left to any one man and especially a man chosen to promote a special object. Nothing is prescribed as W the length of time schools shall be kept open in order to share in the school Aindior how conducted, or a^y inspection. Under such provisions, there might be' one separate school in a township or city, that school not kept open more than three days in a year, nor contain more than three pupils, and yet, according to the separate school ratio, the trustees of it receive several hundred pounds of the school fund ! It is also here provided that all the money thus to be given to separate sohods, shall be paid to the trustees, and that without any personal responsibility on their part as' to the expenditure of this money; whereas the school law of Upper Canada does not permit any part of the school fund to be paid into the hands of school trustees at all, but to legally qualified teachers alone, on the written ordert of trustees. 4T 2. The second feature of this drai\ of bill which I notice, is, that it annihilates like individuality and individual right of choice on the part of the members of the religious persuasion of the separate Hchools. The second section pro- vides that "any number whatever of dissidents" in a municipality may establish A separate school ; the third secti'" makes three persons signified by themselves ie facto a corporation; and the sixth section makes them the representatives of the whole population, according to the last census, of the persuasion to which they belong. Thus, any three priests, or any other three members of such persuasion, can erect themselves into a corporation to represent and control the whole population of that persuasion in a municipality, and claim and receive into their own hands school moneys of every kind, according to the numbers of such persuasion, as certified by the last official census, though nine^tenths of such persuasion might \mh to remain, and have their children educated with other classes of their fellow-citizens. No such monstrous provision exists in the school law of Lower Canada. In the section of the act there authorizing the dissentients to receive a portion of the assessment, on their protesting against the assessment adopted by the commissioners, (section 18, 12 Vic, chap. 50,) it is only the parties making the representation that are included, and they only receive what they themselves pay to the collector. The law there does not make the last official census the basis of distribution ; much less does it ignore individual right of choice. So the school law of Upper Canada recognizes individual rights; deals wHh each individual for himself, and does not ignore or proscribe him from the public schools and all the privileges connected with them, except at his own request. 3. The third feature of thisdrail of bill' to which I have to call attention, is, \\iai it transfers all the common sckeol property of Upper Canada from its prennt oKvpiersto the trustees of separate schools. The seventh section repeals all the provisions of the present common school aots of Upper Canada that are contrary to the provisions of this act ; and the third section gives to the trustees of separate sclm^ all the rights and powers which the 12th & 1 3th sections of the school act of 1850 give to the present trustees of common schools; and the 12th section of that act includes the possession and control of all common school property in Upper Canada. Truly this is a very ingenious and modest provisi(m to "satisfy concien* tious convictions P And this is far from being all ; for, 4. A fourth feature of this draft of bill is, that it gives the trustees of separate^ ' tcheols unrestricted power to tax all property in Upper Canada^ — not onlf that which belongs to the supporters of separate schools, but that which belongs to every Protestant and every Roman Catholi&' in Upper Canadan The present Upper Canada school law makes the trustees of separate schools corporations, and gives tbem the same power in the management of their own schools and in respect to all persMis for whom such schools are established, as is possessed by the trustees of common schools^ but the "conscientious convictions" of Bishop Charbonnel and his colleagues require much more. They claim by the Srd section of this draft of bill <*all the same rights and powers" which the 12th section of the school act of i' n 1 i m ' lS50 gives to the common school iruftees. These " rights and powers" thus I claimed, are not restricted to i^ny class or classen of persons, but nru absolute and! universal. The only restriction on them is that which is contained in the 13tli| section of the same act — a section imposing a fine of five pounds upon a trustee convicted of «' Itnowingly signing a false report " — a section of no effect in connexion! \vith the other provisions which relieve separate schools of all inspection, create for them a special superintendent of their own, and with no obligation, to make any returns except such »s he may require from them. The 0th, 10th, llth, 14th, 18th, '^Oth and 31st sections of the school act of 1850, (13 & 14 Vic, chap. 48,) and the 4th, 5th, 0th, 0th, 10th, llth, 12th, I3th and ITth sections of the supplementary school act, (10 Vic, chap. 185,) impose various restrictions and obligations upon trustees in regard to the exercise of the large powers which the nineteen clauses of the 12th section of the school act of 1850 Confer upon them — thus preventing them from levying any rate upon the supporters of separate schools, requiring semi-annual returns, limiting their applications to councils, &c.^ &,c., &c, ; but the 8rd section of | this drafl of bill discards all these restrictions and obligations, and demands for the trustee corporations to be created, absolutely and without restriction all the "rights and powers," as well as all the property which the 12th section of the school act of 1850 confers upon common school trustees, tha 8th clause or paragraph of which authorises them " to apply to the municipality of the township, or employ their own lawful authority, as they may judge e.Ypedient, for the raising and collecting of all sums authorised in the manner hereinbefore provided, to be collected ftom the freeholders and householders of such section^ hy rate, according to the valuation oj taxable property, as expressed on the assessor or collector's roll.'* Here is no restriction as to persons or property ; all are subject to the taxing power of the separate school trustees^but whom this draft of bill makes the sole school trustees I And in this connection it is also to be observed, that the proviso in the 2nd section of this draft of bill allows none but dissentients to vote at the election of these trustees. This is also the provision of the present law; but the present law restraiis the acts of the trustees thus elected, to the property and persons of the dissentients. This draft of bill, however, while it restricts the elective franchise to a particular class, gives the trustees elected by that class, power over all the taxable property of all classes of freeholders and householders in the section. Nor is this all, for — 5. A fifth feature of Bishop Charbonnel's draft of bill is, that it gives the trustee corporations it creates, equal power over the municipal councils as over individuals. The 8th clause of the 12th section of the school act of 1850, above quoted, gives the trustees power to apply, at their pleasure, to the municipality, to impose school rates; and the 18th section of the same act makes it the duty of such council to levy and collect the amount of rates thus applied for, from all the taxable property of the section concerned ; and the sixth section of this draft of bill requires the Chief Superintendent to pay the amount of such taxes, if the muni- cipality fails to do so. Thus is every municipality in Upper Canada, as well as the school fund, subjected to the discretionary demands of separate school sections. Nor is even this ail, for— 6. A iKhool trut titkotU dot draft of I provincial proportion Thus, wha houses, or from themi not subject who are to population, I they pay, Imig I operations thatitcont I subjection Upper Can I and is inco whether th words, the < of a whoh denominati I upon their lampersuj measure th of the com of their opi I is demand "satisfying The I before thei understand id powers" thus Fire absolute and ned in the 13th » upon a trustee Feet in connexion jction, create (or )n, (o make any nth, 14th, 18th. ap. 48,) and the I supplementary tbligations upon eteen clauses of preventing them ing semi-annual le 8rd section of lemands for the all the "rights he school act of jraph of which nploy their own Boliecting of all kcted ftom the he valuation of ' Here is no power of the school trustees! the 2nd section ction of these It law restrairs he dissentients. ;o a particular sable property lis all, for — it it gives the mcils as over f 1850, above lunicipality, to it the duty of ', from all the is draft of bill , if the muni- as well as the hool sections. 40 6. A sixth feature of this draft of bill is, that it ties tht hands qf aU public ichool trustees {toere any to exist^) from doing anything for their own schoob mthout doing also as much for the separate schools ; for the sixth section of this draft of bill requires " all taxes for school and library purposes," as well as " any provincial and municipal funds," t<4P>e paid to the trustees of separate schools, in proportion "to the population they represent, according to the last official census." Thus, whatever might be done by any parties for the erection of public school* houses, or the support of publio schools, they could not raise a penny by taxes even from themselves, without dividing it with the trustees of separate schools, who are not subject to corresponding obligations — who may do nothing whatever — and who are to receive not in proportion to their taxable property, but in proportion population, though the ratio of that population may be three times that of the taxes they pay, as ia the case even in the city of Toronto.* I might remark upon other minor features of this draft of bill, and show its operations in other aspects. But the six features I have exhibited, sufficiently prove that it contemplates the complete destruction of our publio school system, and the subjection of the school funds, municipalities and property, and whole population of I'pper Canada to a religious domination such as is without a parallel in any age, and is incompatible with the free government or liberties of any country. I doubt whether the ingenuity of man could devise under meeker pretensions, and in fewer words, the destruction of the educational institutions and the constitutional liberties of a whole oeople, and their prostrate subjection under the feet o( a religious denomination. The authors of this ^raft of bill must have presumed marvellously upon their own power, and upon the simplicity of the members of the legislature. 1 am persuaded that no persons will more promptly recoil from and repel such a measure than the great body of the Roman Catholic members of the legislature and of the community, who will be grieved and ashamed to see the worst imputations of their opponents exceeded by the monstrous propositions covertly involved in what is demanded by Bishop Charbonnel and his colleagues, under the pretext of "satisfying their conscientious convictions." The members of the legislature now have the issues of the whole question before them ; and they, as well as the people of Upper Canada at large, will understand their rights, their interests and their duty. Ill—Course of proceeding which I have pursued^ and which Bishop Charbonnel has pursued towards me, in respect to separate schools. Having examined Bishop Charbonnel's statements and analysed the provisions of his draft of bill, I will now briefly advert to the course of proceeding which I have I pursued, and which Bishop Charbonnel has adopted towards me, in respect to I separate schools. * The Trustees of the Roman Catholic Separate Schools in Toronto in 1852, claimed £1,160 for their I Kiioob ; and in reporting upon this demand, the Oomndttee of the Board of School Truateea state that— "From a recent return your Oommittee find that the total annuo/ valut of the taxable property in the city SDoanta to £186,988 6s :— of this the proportion held by Roman Catholics is £16,760 IDs. The total nett imount of school tax for last year, at i^d. in the pound, waa £1,800 : the nett proportion contributed by tb« Koaaw Catholic inhabitants was only £166 lOs." ! \ i. 1 [ 1 r i 1 ': 1 1 ■ t- dO 1. Ten years ngo, when I assumed the duties of my present office, I found provisions for separate schools in the school act, and a few of them in operation— about as many Protestant as Roman Catholic. I determined to know neither religious sect nor political party in the d'lcharge of my olBcial duties. Believing that Roman Catholics had been hardly treate^n Ireland, I resolved as far as i could, to give them no just cause of complaint in Upper Canada ; and if there is any one class of the community that I have endeavored to benefit, as such, more than another, it is the Roman Catholics. My friendly bearing towards them has Hubjected me more than once to severe criticisms from some Protestant writerr. During the life of Dr. Power, late Roman Catholic Bishop of Toronto, and until Bishop Charbonnel commenced his crusade and agitation three years ago, no complaints were heard against the separate school provisions of the school law. Bishop Power, virtually a Canadian, being a native of Nova Scotia, had a patriotic desire to elevate the Roman Catholic population of the country, and believed that that would be best efiected by their children being educated with ihe children of other classes, wherever party feeling did not oppose insuperable obstacles to it Bishop Charbonnel (who, on my recommendation, was, before his arrival in Toronto, appointed a meml/or of the Council of Public Instruction for Upper Canada, in ,place of Bishop Power,) professed the same views and feelings during a year or imore ailer his arrival. Then he began to attack mixed schools, as such, then to attack the character of our schools geberally, then the character of the people at large, then the provisions of the school law, demanding that municipalities should be compelled to build schooUhouses for separate schools, and support them the same as public schools. How frivolous were his complaints, how groundless his statements, and hov/ unreasonable his views, is known from the correspondence which took place between him and myself during the year 1852, which was printed by order of the House of Assembly. 2. But what has been my course of proceeding? Not only was there no complaint against the law, or any part of my administration of it from 1845 to 1852, but when the school bill of 1850 was under consideration, and a desire was expressed that the option of having such separate schools should be with the applicants and not with the municipalities, as it had been in cities, towns, and villages, I so framed the 19th section that it was cordially approved of by the acting Ecclesiastical Heads of the Roman Catholic Church, and voted for by all its members in the legislature. Tho Roman Catholics demaiiding more than one separate school in Toronto, and the judges having decided that b'lt one could be legally demanded in a school section, (which each city or town wes held to be,) I prepared and recommended the passing of the act 14 & 15 Vic, chap. Ill, which gave the right of a separa'e school in each ward of a city or town ; and for which I afterwards received the iormal thanks of Bishop Charbonnel and Vicar General McDonald. Then, when in 1852, Bishop Charbonnel complained so vehemently of the injustice of taxing supporters of separate schools at all, according to the provisions of the act, I prepared and submitted in August of that year, the fourth section of the supplementary school act, 16 Vic. chap. 185, — which exempted the supporters of 51 fefMirate schools from the payment of all lohool taxes whatever, and their teaoheri^ •runi going before any public board of examiners, and investe«l them with as full puwer in regard to their own schools and their own supporters as have the trusteeM ot coiiinKin schools in regard to the public schools and the other classes of the community.* The bill was printed some months before it passed ; and this fourth section was as highly commended by supporters of separate schools as it was denounced by their opponents. On its becom:> .g a law, the Toronto Mirror (the newspaper in which Bishop Charbonnel ["uLabed his official notices and letters, and which he commended from the pulpit and by letter, to the support of the faithful,) published two editorials (the 1st and 8th July, 18&8), eulogistic of this section of the aot. It was considered not only as securing the rights claimed by the parties concerned, but as calculated to accomplish another object, apparently as dear to the heart of Bishop Charbonnel and his organ as the establishment of separate schools themselve»— namely, the destruction of a national system of education. An extract from each of these editorials will illustrate the spirit and feeling with which this enactment was viewed and received : " The public satisfaction will be heightened by removing all anxiety from the mind of Catholic parents respecting the education of their offspring ; and the sour bigot [Chief Superintendent of Schools,] with the vaunt of liberality on his tongue, but the poison of proselytism in bis heart, will be relieved from a great load of care. He can give his undivided attention to his own affairs, and leave the progress and management of the culture of Popish children to the direction of their parents and the patronage of the Priests." " State*8choolism — that daring outrage on the rights of conscience, and the tender ties of domestic affection — has received, its deadly wound, from which it never can recover; and the laws of nature and the ir\junctions of heaven will be no longer violated by severing the connection between the parent and the child. The right has been secured by the laborious exertions of the friends of religious education, and the liberality of an enlightened legislature ; and we trust that a faithful application of this salutary enactment will produce all the benefits anticipated, and remove all existing dissatisfaction on this vital question." To shew how entirely this enactment of the supplementary school act exempted the supporters of separate schools from all taxej for public schools, I will make yet another quotation from the editorial of the Toronto Mirror, of the 8th July, 1853. It is as follows, the italics and capitals being those of the Mirror : <*Some misapprehension, we understand, exists respecting the support of separate schools, and insinuations have been thrown out that persons rated for such school purposes may still be subject to the common school tax. The misrepresenta- tion, whether proceeding from ignorance or a more reprehensible source, can at once be removed by a simple reference to the commencement of the 4th clause. We find it there distinctly stated — ** That in all cities, towns, and incorporated villages and school sections, in which separate schools do, or shall exist, according to the provisions of the common school acts of Upper Canada, persons of the religious persuasion of each such - ■ - ■ I . I ' ll I iMii I r* -• - * Seo No. 2 of this correspondence. il, :ih MV Ash r.'i I 1 92 separate school, sending children tOj or supporting such school by subscribing thereto annually an amount equal to the sum which such person would be liable to pay if suck Separate School did not exist, on any assessment to obtain the annual Common School Grant for each such city, town, incorporated village or township, shall be exempied from tlie payment of all rates imposed for the support of the Common Public Schools of each such city, town, incorporated village or school section, and of alv rates imposed for the purpose of obtaining the Legislative Common School Grant, for such city, town, incorporated village or township." M We should consider these terms sufficiently explicit and intelligible. There is no ambiguity, no mystery, but everything expressed in words so plain and concise as to render misapplication impossible. Those persons who contribute to the maintenance of Separate Schools to the amount of their liability to the Common School Tax, shall be totally exonerated frixn all taxes for Common School purposes. Those who do not contribute to the support of Separate Schools shall be compelled to pay their full proportion of the Common School rates." Such was the light in which this enactment was viewed by those who demanded it. But instead of its being carried fairly into effect by the Roman Catholic separate school trustees in Toronto, their secretary (Hon. John Elmsley,) resisted making the returns which the act required, and then complained of injustice and wrong at the hands of the Municipal Council of the City of Toronto. An appeal was made to me ; and the questions raised were discussed in correspondence which took place between Mr. Elmsley and myself, in the autumn of 1853. Soon, a new agitation was commenced against these shortly-before lauded provisions of the supplementary school act. It was complained that the local municipalities obstructed its operations, and that requiring the payment of these school rates to separate schools as a condition of having them, was a hardship, and it was demanded that the Chief Superintendent (who was responsible, and could be complained of to the government,) should divide the school grant between the public and separate schools, and should pay it directly to them. Some time last summer, the late Inspector General (Hon. F. Hincks,) communicated with me on this subject, and suggested whether I could not undertalce to distribute and pay the school grant to separate schools, as this would be satisfactory to the complaining parties. I expressed my conviction that this would not satisfy Bishop Ch&rbonnel— that I was satisfied he had ulterior objects in view — that his object was to get a measure by which the Catholic population, as a body, would be separated from the public schools, and the municipalities made tax-gatherers for the separate schools. But in deference to Mr. Hincks' wishes, and as he had done so much to aid me in my work, and to promote the public school system, and seemed to think it would be satisfactory, I consented to undertake the task proposed, although I had expressed strong objection to it in my printed report for 1852. Accordingly, in a draft of bill which I transmitted to Mr. Hincks, with explanatory remarks, the 6th September, 1854,* I prepared these clauses, providing that the separate schools and public schools in municipalities where they both exist, should report semi-annually to the Chief Superintendent — that he should determine the sums payable to them respec* * Se« No. 8 of this corrtupondence. 53 lively, and pay the sums thus awarded — ^that the trustees of separate schools should be relieved from making any returns of the names of the supporters or pupils of their schools ; but in order to be exempted firom all public school taxes, they should do as they do in Lower Canada, make a declaration in writing to their municipal council, before the 1st day of February each year, that they are supporters of separate schools. Mr. Hincks' administration ceased to exist a day or two ailer my draft of bill was put into his hands ; and it was subsequently handed over to you. I believe the clauses I submitted were at firsf viewed favorably by the lay members of the Roman Catholic church, who ex. nined them, and who were probably not aware of Bishop Charbonnel's real objects. I think he calculated upon my refusing to accede to the proposition of Mr. Hincks, and that he would thereby obtain an advantage. But whether that be so or not, 1 am glad that he has refused to accept that which I had assented to and proposed. The result is, that Bishop Charbonnel has been compelled to do what the Earl of Elgin complained a year ago that he could not get him to do— that is, to state explicitly what he wanted in regard to separate schools. All parties will now know Bishop Gharbonners terms and conditions of peace and harmony in Upper Canada. It now remains to be seen whether the people will accept them or not I have thus stated the course I have pursued in regard to separate schools from the beginning to the present time, as also the coarse pursued by Bishop Charbonnel. It will have been seen that what he professed to be well satisfied with at one time, he complained of at another ; and that he has made every new concession the starting point of a fresh agitation for further concessions. It may also now be submitted, whether I have not rather erred on the side of concession than otherwise. I have done all in my power, and incurred much opposition and obloquy to gratify the wishes of Bishop Charbonnel in everything that did not invoWe the subversion of a system of public instruction, and the constitutional and sacred rights of individuals and municipalities. I have been given to understand that one reason of Bishop Charbonners demand for a special superintendent of separate schools is, that I expressed myself unfavorably as to their success in my Annual School Report for 1852 ; and my right to do so in such a document has been called in question. On this p<)int I observe, first, that the school act expressly requires me to include in my annual report of the state of the schools, " such statements and suggestions for improving the common schools and the common school laws, and promoting education generally, as I shall deem usefu and expedient." Strictly of this character were my observations in my report for 1852, in which I justified the government and legislature in maintaining the separate school provisions of the law, as an actual experiment was the only means of satisfy- ing the parties claiming separate schools as to their expediency and advantage, or otherwise, anl which 1 believed would result in a conviction that the public schools were more economical and advantageous to all parties concerned. I re mark, secondly that the Superintendent of Education in Lower Canada has, from year to year, not only discu!ised actual and proposed provisions of the school law, but the conduct of various parties in regard to the law and the school, and especially a class whom he terms " Ektgnoirs,^' on whose proceedings he animadverts with great severity — 'f >t i'\ ■IL M much more severely than I have remarked even in this letter upon the proceedings of Bishop CharbonneL I remark, thirdly, that my discussing the provisions of the law respecting separate schools in but one annual report during ten years, suf* ficiently shows that there roust have been some strong necessity for it at the time; and a reference to that report will furnish ample proof d* that necessity, as well as amply justify the observations made. I remark, /ourno, but equal rights and protection to all. I have the honor &c., (Signed) E. RYERSON. The Hon. John A. Macdoxald, M.P.P., Attorney General for Upper Canada, Quebec. '^ Citjr of Toronto. JVb, 7. 7%e Roman Catholic Bishop of Toronto to the Chief Superintendent. Complaint against the Toronto Board of School Trustees. [L.B.NO.M08.1882.] , ^-^ .. ^ gx. CaTHEBINES, 2Ut ^0V., 1852. Revebend Doctor, -. On the 10th of April last you wrote to me: <* Should there be any hesitation on the part of the Toronto board of school trustees (of which I have no apprehen- sion) to give effect to the provisions of the law in regard to the separate schools established, I shall readily employ the means provided by law for the execution of its provi8ions."t ,. * * Bat notwithstanding these facts, there are fewer separate schools in Lower than in Upper Canada, the number in the former (L. C.) being 43, in the latter (U. C.) 58 : this shows that the school law must be more favorable to separate schools in Cpper Canada than in Lower Canada. t See "Correspondence" in Return laid before the House of Assembly on the 17th September, 1853, following letter, No. V., pp. 18, 19. , . .^^ , .. :% H! 51 Now, Rev. Doctor, that bonrd has refused to pay our separate sehools, and I Before have paid the last quarter of all of them. (tatement o I have the honor, &c., (Signed) + ARMANDUS, FR. MY., Bp. of Toronto. loSBUA G. I Rev. Dr. E. Rtbison, Chairn Chief Superintendent of Schools, Toronto, C W. t M. 8. The Chief Superintendent to the Roman Catholic Bishop oj Toronto. mr.'.' INaWMkG.] OompUnt referred to local school anthoritios for explanation. Education Omoi; Toronto, 2nd December, 1862. My Lord, I have the hcn^r to acknowledge the receipt of your letter of the 21st ultimo, and to state in reply, that I have written to the chairman of the board of school trustees for this city on the subject of your complaint ; and that as soon as I receive his answer I will reply to your letter. I have the honor, &c., (Signed) E. RYERSON. The Right Reverend A. F. M. DeChasbonnel, D. D„ Roman Catholic Bishop of Toronto. .l^e.•,>^i J\lo. 9. The Chief Superintendent to the Toronto Board of School Trustees, On the eomplunt ofjthe Roman Catholic Bishop of Toronto against the Board. [N0.9W.G.J Education Office, ' '■■" Toronto, Znd December, 1852. Sir, I have received a letter from the Roman Catholic Bishop of Toronto, complain- ing that the board of school trustees of this city had refused to pay to the teachers of the separate schools the portion of the school fund to which they are entitled by law .. ., . . ..- ■ .- 5f I Mhools, and I | Before replying to the Bishop's letter, I will thank you to favor me with ft itatement of your proceedings on the subject. I have the honor, &c., ^^" I (Signed) E. RYERSON. 'Toronto. ^Joshua G. Bbaed, Esq., Chairman, Board of School Trustees, City of Toronto. , «. , mXo. 10. The Toronto Board of School Trustees to the Chief Superintendent of Schools, Explanation of proceedings relative to Separate Schoola. 5r, 1858. 5 21st ultimo, Eird of school 1 as I receive IRSON. of School ', 1852. 0, complain- he teachers entitled by [LB. No. 67. 1863.3 ■"(t«j**V%**'^^- m^'^ Albany Chambebs, Toronto, January ^rd, 1853. I Reverend Sib, I have been instructed by the board of school trustees for this city to communi- Icate for your information a copy of a resolution adopted by the board at its meeting on the 29th ultimo, relative to the matter of complaint made by the Roman Catholio Bishop regarding the separate schools of this city, as referred to in your communica- I tion of December 2nd, and on the acyoining page you will find said copy accordingly. ,,_, Iam;&c., (Signed) G. A. BARBER, Secretary, B. S. T. I To the Rev. Dr. Rtekson, ChiefSuperintendent of Schools, C.W. "' . '^ - : " " I [£nc2orure.] Resolved, — ^That this Board has not, according to the allegation of the Bishop, I as contained in the letter of the Chief Superintendent, refused to pay to the teachers of those separate schools the portion of the school fund to which they are entitled by I law, but its members did resolve on the 7th July last,— " That, regarding the arrangement with the separate schools now in existence, I as extending to the end of the half-year then closed, the same be paid at the rate of the first quarter, applying half of the legal appropriation for such separate schools towards its liquidation : But that in future no sum be paid to any separate school beyond that which the la'v prescribes, the same to be determined at the end of the I year. " So soon, therefore, as the returns of attendance of pupils at the several schools I are made by the visitorial teacher and superintendent, the legal division of the school ' sf^-ij il m I *' fi if 58 fund will be made, and the proportion aoorning to the Rnmaa Catholic separate schools will be paid. j, ,crtc?tfc, MjCo 12. " And your committee recommend that a copy of this report be sent to Dr.P Ryerson by the secretary.'' Certified. i^'-^^Ji^^ V , , ;. ,, (Signed) G. A. BARBER, ■itxo.m.is ' , Secretary, B. S. T. I» „.„„„ c ;f ■ * .o;no;o'f nn | Reverend fe In the Imunication arrival. JVb. 1 1. The Chief Superintendent to the Roman Catholic Bishop on Toronto, (Rev. Eoert Chief g tNo. 1039, a.] Hon specific statemeat of complaint required. ' '"^' -'-' ' ^' Education Office, Toronto, 1th January, 1853. m Lord, . ^^^' In reference to your lordship's letter of the 31st November, the receipt of whiclil I acknowledged on the 3nd ultimo, I her«v\(ith enclose you a copy of the correspondf ence which has taken place between this department and the board of school trusteesj for the City of Toronto.* As your lordship has not furnished me with any statement of the particularl cases in which the board of school trustees have refused to pay the teachers of the I separate schools, nor of the amounts claimed by such teachers ; and as the trusteesl deny the general charge preferred by your lordship, it is not in my power to do I anything more in the matter, or to form any opinion of the ground of the complaint,! without a specific statement of the alleged facts on which the complaint is fuundedj and on which the claims in question are made. • , ^ i [; , 1 , ; I ^*V6 the honor, &c., (Signed) . E. RYERSON. t The Right Reverend Dr. DeChasbonnel, Roman Catholic Bishop of Toronto. 4MJ ;.iV(iV'5.». I- ■'X ^3U * The tvo preceding letters, Noa. 9 and 10. Li I- 'f ,.■< ij-^ti'Ji -id.:.. J iit.*-. ^ - -iJ "3i' m.i3. c Refusal of the ^ [L.B. No. 2,636. I Reverend S On be! I this city, w for the est£ official noti is herewith The a] that there ^ expected tl smoothed a cation, sub mitted to e Then by a re-coi this view 1 intendent < city board placed in -U !atholu) separate! MKo, 12. The Roman Catholic Archdeac&n of Toronto to the Chief be sent to Dr.! ^^ '■ ^■'' SunPrintp.ndPAil. Superintendent, try,B. S.T, Acknowledging receipt of letter to the Roman Oatholic Biahop of Toronto, ril No. 131.18530 ;•« oWflWi? TOBONTO, 8fA /ttTiMary, 1853. Reverend Sir, i*'«i' «•' ^-^ In the absence of his lordship I have to acknowledge the receipt of your com> munication of the 7th instant, and to say that it shall be submitted to him on his arrival. I have (jha honor, &c., \olic Bishof oj^ (Signed) ' .P. MOLONY, Archdeacon. Rev. Egerton Ryerson, D.D., ' J) v Chief Superintendent of Education, . ' Toronto. V omw ; uary, 1853. receipt of whicit I the correspondl >f school trusteesi f the particular! teachers of the I 1 as the trustees I my power to do I )f the complaint! laint is founded, | YERSON. |jVo. 13. Certain Roman Catholic Inhabitants of St. David's Ward, Toronto, to the Chief Superintendent. >yjii *5l^.^<. I Refusal of tlie Toronto Board of Scliool Trustees to estabtiah a Roman Catholic separate school in St. Darid's Ward. I [I/. E. No. 2,836. 1853.] ; ^r *^ ^^ Toronto, 29f A u4m^ms<, 1853. I Reverend Sir, On behalf of the twelve resident heads of families in the Ward of St. David in I this city, who have made application in writing to the city board of school trustees for the establishment of a separate school in that ward, I beg to bring under your official notice the reply which has been given to their application, a copy of which is herewith enclosed. The applicants were refused a separate school in January last, upon the ground that there was a Catholic teacher employed in their ward, but they had hoped and expected that the supplementary act of last session of Parliament, would have smoothed all difficulties, and healed all wounds : and that upon their renewed appli* cation, subsequent to the passing of that act, they would have been at once per- mitted to enjoy the advantage of a separate school within their limits. The reply of the city board of school trustees, however, destroys all hope ; unless by a re-consi '.oration of the decision they have made, they see fit to revise it. In this view I have been instructed to address a communication to you as Chief Super- intendent of common schools in order to ascertain whether in your judgment the city board takes a correct view of the law. The applicants now see that they are placed in a worse position than they were when the city was under the school "A hi #1 I il section system ; because then, although there were three school sections in the wa yet in only one of them was there a Catholic teacher, and therefore of course only portion of the ward deprived of the privilege of having a separate school. Nov the whole ward is, if the city board be right in their decision, to be subjected to thel same disability as a portion uf it formerly was, although the teachers in all otheij portions of the ward were then, have continued to be, and still are. Protestant. The short act of 1851, was, as its title and preamble signify, destined tol restore rights, to remove doubts ; it declares that it is inexpedient to deprive partieJ of rights which they eivjoyed under preceding school acts. The applicants of St J David*s ward therefore think that it could not possibly have been the intention m the legislature by that act, or by any other measure, to deprive them of the right of] having a separate school, at least for such portions of it as possessed the right under! the school section system ; and that therefore the concluding proviso of the act off 1851 does not subject the whole ward to the obligation to which only one section of] it had been formerly subjected uncTitr preceding school acts. There are now nearly three hundred children of Catholic parentage, who attend I the Catholic school in St. David's ward. There are six teachers in the ward em-[ ployed by the board, only one of whom is a Catholic. Can it be possible that thel legislature contemplated that so many pupils should be deprived of the benefit of a I separate school upon such a ground. The applicants respectfully suggest that the! intentions of tho legislature were not such, and to you, Sir, they appeal for redress.) I have the honor, &c., (Signed) _^ J. ELMSLEY. The Rev. E. Rverson, D.D., "^ Chief Superintendent of Schools, C. W. [Enclosure."] ^ , -p Albany Chambers, "^^ '*' "^ Toronto, Is/ ilM^tta<, 1863. Dear Sih, With reference to the petition of certain parties to the board of school trustees, I praying that an election for trustees of a separate school for the ward of St. David should be ordered, I beg to submit for your information the copy of so much of a report by the sub-committee on free schools relating to said petition as was adopted by the board on Wednesday last, July 27th, viz. : " With reference to the petition of certain Roman Catholic householders of the I ward of St. David praying for the order of your board, for an election of trustees for a separate Roman Catholic school in said ward ; your committee understanding that no change in the school law in relation to this matter has been made since your board had the same subject under discussion, deem it inexpedient to recommend to your board to reverse the decision come to on a former occasion on the grounds that in a ward in which a Roman Catholic teacher is employed, no valid claim for a separate Roman Catholic school can obtain." t. :..l>'lit> (Signed) Hon. J. EiJUSLEV. I am, &c., G. A. BARBER, ' Secretary, B. S. T. a ^9. 14. The Chief Superintendent to certain Roman Catholic Inhabitants of St. David's Ward, Toronto. IhttveWe resident Roman Catholics In St. Dartd's Ward, Toronto, ara entitled to a Separata School la tUflir Ward. XJW.M Education OrricE, Toronto, SOth August, 1813. I have the honor to acknowledge the receipt of your letter of the 29th instaint, ibehalf of twelve heads of families of the Roman Catholic church in St. David's 1 in this city, and enclosing an extract of the report of a committee on the sub* 1 adopted by the board of school trastees for the city. According to the impression conveyed by the extract of the report which you iDclose, I think the city board of school trustees are correct in their conclusion, laniely, that where the teacher of the public school is a Roman Catholic, a separate nan Catholic school cannot be allowed in the ward. But it appears from your Atement that in the public school of St. David's ward, six teachers are employed, I only one of them is a Roman Catholic, and he, as I understand, not the principal Igfthe school. The question then is, whether, under such circumstances, the twelve heads of lamiiies whom you represent are entitled to a separate school ? I think they are. The provision of the 19th section of the school act of 1850 1 relation to this point is as follows : ** Provided, fourthly, that no Protestant separate jchooi shall be allowed in any school division except when the teacher of the com- pon school is a Roman Catholic ; nor shall any Roman Catholic separate school be lowed except where the teacher of the common school is a Protestant.'' It is clear that in each of the common schools referred to, the law assumed the Ittlstence of but one teacher. The obvious intention of the statute, therefore, was, Ihat if the teaching of the common school in any school division, or ward of a city |)rtown, was by a Roman Catholic or Roman Catholics, a Protestant separate ichool should be allowed on the application of twelve Protestant heads of families ; nd that if the teaching of such common school was by a Protestant or Protestants, 1 Roman Catholic separate school should be allowed on the application of twelve lioman Catholic heads of families. I do not think, therefore, that the employment of pae Roman Catholic among several teachers of a common school in St. David's nard, precludes the Roman Catholic heads of families whom you represent from jiaving a separate school if they desire it. I have the honor, &c., '^ ^ • (Signed) ^^ '-^fc '■''^ ' E. RYERSON. lie Hon. John Elmsley, St. David's Ward, Toronto, ' ,.;^. , '•-I m jn, - ■'1 -A i JVb. 15. The Trustees of the Roman Catholic Separate School, St. Jamts\ IVardf Toronto, to the ChieJ Superintendent. The Clerk of the HunicipiUty declines exempting certain supporters of Separate Sohools, on accoant of incomplete returns. [L. R. 3183, 1863.] Sir, Toronto, iHth October, 1853. As the secretary-treasurer of the Roman Catholic separate school trustee^ for the ward of St. James, in this city, I beg to inform you that the clerk of the Common Council declines to take upon himself the responsibility of omitting iVon the collector's roll for the city school rate, the names of those persons who werel returned to the local superintendent on the 30th of June last, as willing to subscribel to the separate schools ; and he grounds his refusal on the fact, that the amountl subscribed by each subscriber is not inserted in the return, as is required by the| find proviso of the 4th section of the Supplementary School Act The 4th section provides that persons subscribin); to the support of separate! schools, shall be exempt from the payment of the school rate — provided the amountl subscribed by each is equal to the assessment for school purposes ; and which amount | such persons would have to pay if no such separate schools were in existence. But the city authorities are themselves to blame in this matter, if indeed blame I can attach to any party; because they have omitted to decide upon the amountl which each citizen would have to pay for school purposes until the month of Sep* I tember. It was therefore simply impossible for the trustees of St. James' ward in| June last to insert the amount of an unknown quantity, and unknown to them bynoj fault or omission of theirs. Neither did there exist any reliable data upon which the Roman Catholic trus< I tees could have an approximation to the amount. In the first place, they could not undertake to fix the school rate for 1853 at the same figure as that of 1852: had they done so they would have been Id. in the £ short of the amount, and then the clerk of the council would indeed have had just grounds for declining to exempt them from paying the tax. In the next place, the Roman Catholic trustees could not fix the value of the assessable property of the citizens for 1853, because a very great increase in the value of all kinds of property had taken place in the course of the past twelvemonth. In my own case, land has been valued at more than double the valuation of 1852, by the assessors, and whereas my taxes for last year amounted ! to £45, they reach this year £97 — and thus had my subscription been based upon an assessment of £45, or even twice £45, 1 should have been shut out of the privilege of subscribing to the separate schools, upon the ground of having subscribed an insuflicieiit amount. Several of my co-religionists would have been in the same condition. ooli, on account of The olerk of the ooanoil does not positively refute to omit thoM persons from I ihe collector's roll; but he feels great difficulty in deciding upon the oounte he jihould pursue, and thprefore it has been agreed to refer the matter to your decision. May I beg the favour of you to take the subject into your consideration, and I inform me of your decision thereon ? Your obedient servant, (Signed.) J. ELMSLEY. I Rev. E. Ryeibon, D. D., Chief Superintendent of Schools^ ".' m*! *■"> »f"^>i Toronto. •■T ■'■■ \M:n \Xo. 16. The Chief Superintendent to the Trustees of the Roman Catholic Separate School in St. James'' Ward, Toronto, ;N'o.«88,1.] Su, Decision against Trustees for Incomplete Returns. Education Opfiob, Toronto, 20th October, 1853. I have the honor to acknowledge the receipt of your letter of the 27th instant, and to state in reply, that, I do not see how the circumstance to which you allude should or could have prevented the supporters of separate schools in St. James' ward from subscribing for the support of their school. The clause of the act to which you refer, expressly requires in regard .to the supporters of the separate schools, the return of their names, and the " amounts subscribed by them respec- tively." The act did not intend to exempt from supporting, or excluding from the privileges of the public schools, any person whatever who should not by his own act and subscription separate himself from them ; and of which act as a fact, (not as an intention,) the municipal authorities were to be duly notified. The trustees of the separate school setting down a number of names, (more or less,) and stating that such persons were " willing to subscribe to such separate school,'' is certainly no compliance with the letter or spirit of the law. In this way many persons might be exempted from the support of the public schools, who never paid a farthing to the support of any separate school, and who might have no wish to do so ; and the trustees might thus subject themselves to the penalty of the 13th section of the Upper Canada School Act of 1850. The names of the persons alluded to by you, and returned to the municipal authorities as supporters of the separate school in St. James' ward, had subscribed to the separate school, or they had not. If they had subscribed, then it was easy tor the trustees to state in their return the amount which eaOh had subscribed. But if the persons referred to had not subscribed at all to support the separate school, it r I. is plain they had not in any way, expresied their wish to separate themwlvea froml the public school interests of the city ; and« therefore, are not liable to be set tpsrtj as you request, as sapportera of a separate school. It is an important matter, sndj altogether novel in Upper Canada, for any person to be exempted from the pay< ment of any part of the payment of the public taxes, or to be excluded in l^il children firom any of the public institutions of learning, and cannot be done,! according to the obvious intentions and provisions of the law, without proof tliatl such person occupies that position by his own aet. This proof is his substription of a certain amount in support of a separate school. You have not furnished tliis proof, or even a statement of the fact, to the municipal authorities as to any of the persons to whom you refer. The plain provisions and intentions of the law should certainly be fairly carried out on the one side as well as on the other. I ihink the only course left yuu to promote the object you have in view, is to | cause a subscription paper to be prepared and presented to each of the persons mentioned in your return referred to, and let him subscribe what he pleases to support the separate school, and let the list of subscribers thu? )btained, be trans< mitted by you to the local superintendent as a part of your ri urn, (to supply an omiasion in it,) required by the 2nd proviso in 4th section of the supplementary school act. The principle of the enacting clause is, that persons under the condition sup- posed, contributing a certain sum annually to support a separate school, may be exempted from paying the public school rates ; the second proviso is a means of giving effect to this enactment, and if its directions in regard to the point omitted by you, are attended to before the collection of the school rates, 1 think the sub- scribers to the separate school will be entitled to claim the application to them of the enactment. 1 have the honor, lie., (Signed,) E. RYERSON. The Hon. John Elmsley, Trustee R. C. Separate School, St. James' Ward, Toronto. ' H^A JVo. 17. 7%fi Chief Superintendent to the Honorable John Elmiley, of Toronto. *T,? On the Eatabliabmeut of Public Libraries by Trustees of Roman Catholic Separate Schools. [No. 589, 1.] Education Ophce, Toronto, 29lh October^ 1853. I avail myself of thiv opportunity of intimating to you that the same assistatice and facilities will be afforded to the trustees of separate schools, that are afforded 10 truBtees of publio sohools, in the establishment of libraries, according to the regulations on the subject of such libraries.* The Hon. John Eijmslby, dto. die. &.C. Toronto. I have the honor, &c. (Signed,) E. RYERSON. JVb. 18. 7%« Clerk of the City of Toronto to the Chief Superintendent. On Exempting Supporters of Roman Catholic Separate Schools from School "atei. |LR.3Mt,1888.] SiR, Clerk's Office, Toronto, Novmbt.- 18a difficulty of which the trustees of Roman Catholic schools seriously complain, as it was obviously one, which, from the circumstances, it was not in their power to obviate. I ha\t (Signed,) honor, &c. CHARLES DALY, C. C. C. To the Rev. Dr. Ryehson, Chief Superintendent of Education, Toronto. Wi%l/t-. hx :■»' * See Annual School Report fbr 186S, Appendix F., pages 181->147. m M. 19. 7%« Chief Superintendent to the Clerk of the City of Toronto. lt(0. 680, 1.] Sir, In R«plf. f / . Education Office, Toronto, 19M Navember, 1853. 1 have the honor to acknoMrledge the receipt of your letter of yesterday, and in I reply, to enclose you a copy of the letter* which I lately addressed to the secretary of the truirt»es of the Roman Catholic separate sqhool ojT St. Jftqnii^ wjird, vfn this | city, on the subject respecting which you ask advice. ,,^,." I have the honor, &c. (Signed,) E. RYERSON. Chables Daly, Esq., Clerk, City of Toronto. *<'■'• ■ : *if - ''•"' 1:1 AX , *ill,'fl; i JVo. 20. The Trustees qf Roman Catholic Separate Schools, Toronto^ to the ' y Chief Superintendent. ' \" '"[\ ScbooI>nte8 were levied on lupporteta of Separate Sc)>ools iu liHt, ia, C09se.>s, without iieai'iug l>oth sides — whatever delay may at any time be occasioned in order to steme Kuch huaiing, In all communications, the number of the School Section and the nam.- of tiie Township and Po*t Of(5?p, and the Official Title of the writer should be given; and aUo the numbers and dates of any prcviou.4 cuiTespuuduuce on the same subject. , . ' 1 79 ren to, or subscribing as aforesaid, for the support of such separate school." The j second proviso of the same section of the supplemehtary act states, '* that the trustees of each separate school shall, on or before the 30th day of June and SIst day of December of each year, transmit to the local superintendent, a correct return of the names of all persons, of the religious persuasion of such separate school who shall have sent children to, or subscribed as aforesaid, tor the support of such sepa. rate school during the six months previous, and the names of the children sent, and amounts subscribed by them respectively, together with the average attendance of I pupils in such separate school during such period." The act then goes on to pro- vide, that " the local superintendent shall forthwith make a return to the clerk of the municipality, of the names of the persons who, being members of the sartre religious denomination, contribute or send children to the separate school, and the clerk shall ■ot include in he collectors' roll for the general or other school rate, the name of any such person as appears upon such return then last received f\rom the said super* intendent." From these last cited provisions of the act, it is clear that the clerk of (he municipality has nothing to do with the kind of returns that trustees of a separate school may make to the local superintendent; the clerk has only to do with^e return of the lucai superintendent, and is expreiisly required to omit front the col' lectors' roll the name of every person included in the return of the local Superin* lendent. If, therefore, the clerk of the city municipality of Toronto, has communi- cated with the trustees of a separate school on this subject— 4f he has prcsamed to Judge of their returns, or refused even to act to the letter on the return of the local superintendent — he has mistaken his duty and contravened the provisions of the statute. If this be the point of your complaint, the law is clearly in your favor ; and there can be little doubt or difficulty in your obtaining a speedy remedy. As you make no relierence to the local superintendent (the only party with whom you have to do in making your returns, and the only party having a right to judge of their accuracy or completeness) I take it for granted that no difference has arisen between him and your trustees in regard to your school returns. The question, therefore, which you present at so great length and with so much warmth, may be regarded as rather speculative than practical in relation to the immediate object you have in view. But I have no hesitation in saying, that I think that the trustees of a separate school ought to include in their half-yearly returns the actual, as well as the aggregate average attendance of pupils at their school. From the 1st and '2nd provisos (above quoted) of the 4th section of the Supple- mentary School Act, the following things are obvious : — 1 . That two classes of persons of the religious persuasion of the separate school can claim exemption from the payment of municipal school rates — namely, persons subscribing to a separate school to a certain amount, and persons sending children to a separate school. 2. That the sending of children which entitles the party in question to claim exemp- tion from paying municipal school rates, is for a period of six months — not one month or two months, or a few days, but "six months" — that is, at least the mjgor part of that period, according to the most liberal, scholastic, or university interpre- tation of analagous terms and provisions. 71 If, M I infer iVom the tenor of your letter, you would otaim this exemption in tffhatf of parents of ehiklren sttendiflg Bohool a lew days of the six months, then the itqdrements of the act are nugatory, and a premium is held out to persons to prac- tice deception in order to avoid paying municipal school rates, by getting their children's names entered on a school register, with a day or a few days' attendance It the separate school. Such cases are perhaps more likely to occur, than the imaginary ones of hardship which you supposte. It is also plain, that if the trustees return the names of children as having attended their separate school daring the period of the previous six months, who hare only attended a few weeks or a few days of that period, such trustees render themselves liable to be prosecuted and fined for making false returns in order to obtain an undue share of public school money. I think, therefore, that flill and explicit school returns are the fairest, the safest, and the most honest. I have acted upon this principle in preparing the blank half- yearly returns of the trustees of common schools throiighotit Upper Canada, as may be seen by referring to printed copies of them.* In these returns the trustees report the a"endance of the pupils every day of the whole halt-year. And it is certainly lees trouble for trustees of a separate school to set down in one column opposite the name of each child contained in their return the number of days he has attended school during the six months, than it is for the trustees of a public school to report the daily attendance of the nupils in their school, besides their average attendance, during the half year. Besides the regularity and system that such daily returns require and induce in the conduct of the school, they enable the local superintendent to ascertain and judge for himself as to the accuracy of the i%turn of ««ercg'e attend- ance, (in making up which very different bases of calculation have been adopted by trastees,) and to detect false returns by comparing the report of any particular day, with the memoranda of his own visits to such schools and his examination of their registers. And if the trustees of a separate school do not wish to make any other than a correct return, or obtain more than is their due, they cannot reasonably object 10 add to each child's name in their half-yearly return the aggregate number of days that he has attended school during that period, wliile, as may be seen by the printed forms, the trustees of public schools are required to make much more detailed and minute returns — ^and especially in union school sections, which are very numerous. In regard to your objections to half-yearly returns by trustees of separate schools, I may merely observe, that there is the same reason for such returns from the trustees of separate schools as from the trustees of public schools, that, apart I from other considerations, as the one-half of the legislative grant apportioned to a separate school in any one year, is payable at the end of the first, and the other at I the end of the second, six months of the ^kr, half-yearly returns should be made as I basis of such half-yearly apportionment. It may be proper for me to add, that in this city alone, throughout all Upper I Canada, has difficulty ansen such as your letter indicates — shewing clearly that it 1.1 * 8«« No. 187 of thu Corretpondeoce. - 1 un prepat'e fomia of ri?*. .rus and leports, and get them printed, for fciepar;>te scliools. I \'.ill, however, do so in the course of the present year, and thus prevent the recurrence of circumstances such as you have stated in your letter. Untii, however, 1 prepare and furnish blank forms of returns and reports for separate, as well as for public coin kion ichools, i i shall recommend the acceptance (if not alrt udy accepted) by the local superin- tandent of schools in this city of the returns which you made— • bject of course to] the responsibility which the 13th section of the School Act n{ 1850 imposes upon all school trustees in regard to school returns. . , . . . .^. ^ ,1^;;, . ^^^ -j,. . I have the honor, &,c. (Signed) , , The Hon. John Elmsley, Trustee, R. C. Separate School, Toronto. -.;.'■, ^J'r-4i E. RYERSON. ■'•.V ,-Jl.>- 't->- >. -pf t'i JVo. 22. The Trustees of Roman Catholic Separate Schools, Toronto, to \ the Chief Superintendent. <,, i' •■'.If • ♦■>''hl'Hi's i ,-. ,! : Further oa school rates of 1853, aud on exemption of supporters of Separate Schools. [L. P.. 2300. 1834.] ;• ■• •'■ (- " ':•',' " ■ - 'c ' '' i« Toronto, 16rA iliay, 1854. Sir, • In acknowledging the receipt of your letter of the 11th instant. No. 1066, L, have also to acknowledge the justice of your censure respecting my neglect of the I official channel through which all communications should be addressed to you. You are, however, somewhat the cause yourself of this departure from rule on my part, inasmuch as you have kindly perrnj^ed me to depart from the regular couise j on former occasions without reproof, t will in future observe the projjer regu- lations, j^ Peniiit me now in reply to state, that although your exposition of the law is verj satisfactory in some regards, iipverlheless upon the princi{>ul points submitted, we are still without your definitive judgment. "H* &, 7*" Perhaps I was not quite correct in stating in my first letter that the cleric of the I municipality was the party causing the defeat of the supplementary act in regard of the separate schools, in the particulars I brought under your notice. I have not heen able to ascertain with precision how it happened that the names of the parents land guardians, duly returned by the local superintendent as sending children to the separate schools should nevertheless have been included in the collector's roll for 1853, for the general school rate. The supplementary act had only been passed a few days before the returns of the 30th of June were required to be made. Copieii of the act were only to be obtaiaed by much trouble and delay, and therefore very few persons, either official or otherwise, knew much about its provisions, with reference to separate schools. The collector's rolls were therefore made up and completed, and placed beyond the control of the municipal clerk before the necessary steps were taken to prevent him from including the names of the parents and juardians, &c., in the rolls for the general school rate. The collectors went to work, and soon the most of the money was collected and paid into the hands of the chamberlain, and no one could state how all this had happened. However, the whole matter has been brought under the notice of the committee of the city corporation on finance, and they seem quite willing to entertain the question of refunding the money; provided, that upon a review of the proceedings they can perceive that all has been done that could reasonably be expected, under all the difficulties of a new enactment. And herein the finance committee are of opinion that the trustees of the separate schools should have made a return of the actual as well as of the average atten- dance of the children attending their schools. The trustees on the other hand think that the law docs not require, and they admit that they have not made, any such return. ,,t:'W'i!> i».,. It is desired by all concerned that you should decide whether the absence of such return should or should not be fatal to our claim for the exemption of the parents, (kc, from the school rate for 185S, however desirable such return might be to carry out the provisions of the 1st proviso. The second important matter submitted to your consideration in my letter of the 2nd instant, does not appear to have been alluded to in your reply, in the sense in which your decision was needed. ., ., , .j [,; .:,;.;: .* The municipal clerk usually completes the collector's rolls in the month of August in each year; the collectors thereupoi forthwith commence their labors, and long before the 31st of December, the period of each year when the second half yearly returns are due, the taxes and rates have been mostly C(.''ected and paid into the chamberlain's or treasurer's hands. How then is it within the bounds of possibility for the municipal clerk to exempt the subscribers to the support of the separate schools, or the parents or guardians sending children thereto, from the general school rate, for the second half o{ the year ; unlcoS he does it at the same time that he exempts tliem for the first half year ; that is to say, for the whole year at once ; as it is but once in each year that the collector's ruils are made ; and but once the taxes and rates are collected ? II ] j'-IU'')'!. '■"? ; rm - c .(■ "ifyi: ■ B5>m?s w Your deciifion upon this very dlffioalt que«tion will not affect the year 1853, because the finance committee seeing the itnpossibility of exemption for the second half year, have practically waived it. But the same difficulty will again arise in the monthof December of 1854. The manicipal olerk will be required to make the exemption, but the collector*a rolls will have passed iVom his custody, and the exemp- tion cannot be effected, and other views may actuate the committee. The finance committee meet again on Friday next, the 19th instant, and if you could fbrnish me with the result of your deliberations on or before the morning ol' that day you will greatly oblige. Your obedient servant, (Signed) The Rev. E. Rverson, D.D , Chief Superintendent of Schools, Toronto. J. ELMSLEY, Secretary and Treasurer. Wt ! ' J\ro. 23. TTitf Chief Superintendent to the Trustees of tloman Catholic Separate Schnolsj Toronto, Further ezplanatioa of the provigions of the la« regurding Separate School Returns. [Ko. 1105, 1.] Sir, Education Officr, Toronto, 30M May, 1834. T have the honor to acknowledge the receipt of your letter of the 16th instant, and to state in reply that you misapprehend the remark in my letter of the llth instant, if you supposed that 1 intended to intitnute that yuu should address tne through the local authorities against whose proceedings you appealed. I simply in- timated that you should have furnished them with a copy of your letter, as required by fairness, and the regulations of this department 2. As you have not furnished me with copies of any of the correspondence between you and the city authorities, and do not intimate that you have made any enquiries of, or addressed any communications on the subject to the local superin- tendent ; and are uncertain as to the parties who caused the refusal or delay of whieh you complain, it is impossible for me to add anything to what J have already said and suggested on those points. 3. As to the first question which you again propose, I repeat what I stated in my letter of the llth instant, and for the reasons therein stated, that the return of the actual attendance of pupils at the separate schools, as it is required of trustees of man Calholk W I the common public sohools^ should be made ; and the oity authoritiea reasoning from Itlie returns required of the trustees of all common schools, as well as from the I obvious intentions of the statute, vrere doubtless induced to make the objection tbry lilici to the last year's returns of the trustees of separate schools. But since I did not Ijirepare forms for the returns of separate schools as I did for the trustees of other ichools, I shall urge the oity authorities to accept and act upon the returns made to ihem, being anxious that the most liberal construction and application should be jiven to all the provisions of the school act in reference to ull parties concerned. 4. In reply to your second and last question, T may observe, that it is thus far ■ speculative rather than practical, as no instance has yet occurred for its application to the supporters of separate schools. I may also remark that the same principle applies to the supporters of public schools. If they neglect to keep open or send their children to the public school for the first six months of the year, they forfeit all ihare in the legislative school grant for that year; yet they are not the less liable to be taxed not only to the amount required to share in the legislative school grant, I but for all school purposes. It appears to me that tae question you propose and the apprehensions you Impress, originate in an unnatural and erroneous view of the provisions of the sup- mentary school act. They are founded in the assumption that there is a half I yearly municipal school assessment, and that the design of the half yearly returns by trustees of separate schools is to exempt the supporters of such schools from the payment of such assessments. Now, in the first place I have never yet heard of a half yearly school assessment by the municipal council . of any county, township, city, town or village in Upper Canada. In the second place the chief design of the half yearly returns by all school trustees, whether of public or separate schools, is to famish the local superintendent with data for an equitable half yearly apportionment of moneys to the schools. This is the sole design of the December school returns. Bat a second object of the June school returns in regard to separate schools is to exempt the persons who have either sent their children to a separate school, or subscribed for its support to a certain amount from the annual municipal {assessment for such year — six months being according to law a minimum school year. It is the mean or average attendance of pupils for both winter I and summer that determines the amount to be apportioned to each school, whether public or separate, during the civil year; but the enacting clause of the 4th section of the supplementary school act shows clearly that the return of attendance of pupils at the separate school, and of subscriptions towards its support, on which exemption from the annual school assessment is based, is the return which imme. (liately precedes the levying of such assessment, and that it is for a year and not for a hali^ year. I trust this explanation in reply to your question will remove all mis- understanding and reasonable ground of complaint in regard to the annual assess- I menl provision of the supplementary school act. But the same section uf the act provides for the exemption of certain parties I from the payment not only of the annual municipal assessmt^nt, but also of a special rate imposed for the erection of school houses. The limitation and application of I 76 this provision are so explicit as to leave no room for doubt or dispute. I may I however remark, that in to day's issue of a newspaper organ of your church, pubil Hshed in this city, called the " Catholic Citizen," I am asuailed for having from vilel motives, introduced this provision into the act ; whereas, the fact is, that althoughl I prepared and recommended the general provisions in the fourth section of the! supplementary school act, it so happens that the restrictive words ("nor shill auchl exemptions extend to school-rates or taxes imposed, or to be imposed, to pay fori school-houses, the erection of which was undertaken or entered upon before the! establishment of such separate school,") were not submitted or suggested by me, hutl were suggested by the Atturney General (now Judge) Richards, than whom no man I in Canada could desire more anxiously what was most liberal as well as most just I towards his Roman Catholic fellow-citizens.* And the circumstance that this clause oil the act, so vehemently exclaimed against by the newspaper organ referred to, originated in a mind the least liable to be charged or suspected ul intolerance against Roman Catholics, nnd was approved of by Roman Catholics as well as other members ofl the government and legislature, is an ample refutation of the insinuations referred [ to, and a sufficient proof that the provisions of the iourth section of the su)'ple- mentary school act were conceived in the spirit of the utmost fairness and libeialiiy I to all parties concerned. In conclusion, I have to regret that it was not in my power to return an earlier | answer to your letter. ' 'nlisrv*/ I have the honor, &c. |. (Signed,) 'At E. RYERSON. The Honorable John Elmsley, '" ■*■'*'■ >■ * •* •• f ' "■ ^j; * v -n Trustee R. C. Separate School, ,- ''' Toronto. b'. 'ofc';ju(j ^• ^ftiMf^ ;..si,>'»/»% ■J JVb. 24. The Chief Superintendent to the Finance Committee of the City i^J Council^ Toronto. 'K-jt ;^?'- f1 Recommending acceptance o{ Roman OatboUc Separate School Returns. [No. 1106, L.] SiK, Un^jJIv Education Office, Toronto, 25/A May^ 1854. Understanding that certain matters relating to the claims of trustees of separate schools in this city to the refunding of certain rates collected from the supporters ot separate schools during the year 1853, had been referred by the city council to the standing finance committee of which you are chairman, I take the liberty of suggest- ing to you the propriety of recommending that the claims in question be granted. * See the original draft of the 4th section of the Supplementary Act, page 20—28. eturn an earlier 77 If 1 am correctly informed, thr objection to these claims is on the ground that {>|ie trustees of the separate schools did not make a return of the actual attendance lofeach pupil at their schools, as well ah the average attendance of the pupils cnl- llfctively. I think a return should be made of thi actual attendance of pupils at the Uparate, as well as public schools, were the provisions of the act not so very ex- Iplieit on the subject. It will also be recollected, that the Suplemeiitary Schcol Act (requiring these returns did not pass the I. ^ Toronto, ^Srd SeptenAert 1868. I have the honor to acknowledge the receipt of your letter of the 31st instant, and to state in reply, that the school acts do not recognize any other than two classes of separate schools — Roman Catholic and Protestant — the latter including Protestiints generally in contra-distinction to RuiTij\n f /.itholics. But the board of aohool triMtoet in any oity, town, or iooorportted village* ■etn (aooording to the fourth clauM of the 84th erotion of the mHooI aot of IBAO,) HtaUiah any kind or deacripiimi of schools the) plenie, whether Ctiurch of England, IprMhyteritn, Wesleyan, or Hontan Catholic. I have the honor, iScc. (Signed,) B. RYERSON. I The Rev. Wm. Hi«ohmbi, A. M., Aset. Minister of 8t. George's, Kingston. f 1868 refen to |Ap. 37. The Kingston Board of School TVuBteea to the Chief Svperin* Stnplovment of Chriitiin Brothart aud Nuni bj the Board.— Equality of rotes. |IR.,S48,)SB4.] * •* KnrasTour, 18/A February, 1854. Rkvbrbnd SlH, As chairman of the board of trustees of eommon schools for this city, I take the liberty of asking your opinion respecting a point of the school aot of last year ] and in doing so, t think it better to state briofly the case which has made this matter of some importance. Last year there were on the list of schools receiving aid from the common school fund, a school taught by the order of Christian Brothers, and another taught by the Nuns. These schools, it is believed by the Protestant part of the community, di) nut conform to the requirements of the statute so as to entitle them to a share of the school fund — they do not use the prescribed text-books, and in a word they hare no right to be classed as common schools, on several other grounds which it ttould be easv to state. At the last meeting of the sclioot trustees the question came up as to the continuance of those sctiools on the fund. Two resolutions were submitted, one " That the school teachers employed by the board during the last year, be the teachers under the board for the present year, with the addition of Mr. Kells." The other in amendment, " That the schools reipectively under the charge of the Nu^s and Christian Brothers, and last year aided by the funds of the common schools, as they are conducted by persons belong- ing to a religious order, be not again aided as common schoola," when the. vote was token on the amendment seven mambets, including myself as chairman, voted for >ii the other seven m,embers of the board opposing it. In this equality of votes it would seena, from the first clause of the supplemen- tary school act of last year, that the amendment was lost; but as I had doubts I:' 60 regarding the point, I declined to declare the amendment lost until I should take advice on the matter. The original renolution was clearly lost. Should the amendment be lost according to the existing law, J fear the Board! will be placed in the difficulty of not being able to re-engage any of the teachers, oif appropriate any of the funds for the present year — those favorable to the Roman Catholic interest being likely to obstruct any re-engagement which does not involve| the two schools in dispute. The composition of the board is five Roman Catholics to nine professedivi Protestant members, but two of them have allied themselves with the RomanI Catholics in this question. The Protestant members are most anxious that the Roman Catholics shouldl avail themselves of the act for separate schools, but their is no likelihood of tfaat| being adopted by them at present. I shall be obliged if you will favor me with your opinion as to the point arisingl from the equality of votes, and if you can suggest any way by which we shalll escape being placed in the embarrassment I anticipate, I shall be thankful for yourl advice. I have the honor, &c. (Signed,) The Rev. E. Rvkrson, D. D. Chief Superintendent of Schools, Toronto. J. MALCOLM SMITH. i;iri! -ii,.k!;^ ^i#'. J^b, 28. The Chief Superintendent to the Kingston Board of School\ • Peraons of any religious order may be employed as Teachen, but tliey must be subject to the general ecbr regulatioDB. [No.7«,K.] Sir, Edijcation Office, Toronto, 34 : "•^^r^-\u I have the honor, &c. ' . (Signed,) I The Rev. J. Malcolm SMrrn, A. M., Chairman Board of School Trustees, Kingston. E. RYERSON. '■Mi\'}> ffifi. '. itothegeneralBcbr/ii j JVb. 29. The Kingston Board of School Trustees to the Chief Superin- iendent. Refiiul of Christian Brothers and Kuns to allow Inspection of the Public Common Schools in which they art employed. Princess Stbebt, Kingston, 8f A JWarcA, 1854. |s,», ■'-■-■-- '-.-.• '^ I have to acknowledge your communication respecting the state of the law in I regard to the chairman's right of decision in case of an equality of votes. At a meeting of the board of trustees held last night, your suggestion as to I iBoving the schools one by one was accepted, and the two common schools which trere proposed by the Protestant party were opposed by the Roman Catholic party, ud lost through an equali|^ of votes. a 82 ! These were the only schools which the state of the meeting permitted a vote to be taken upon. And the case now stands thus: — That the Roman Catholic party, dreading that the schools taught by the Nuns and Christian Brothers would be lost, if the schools were proposed one by one, factiously opposed the continftance of those which the other party proposed, and to which there has never been any objection. I beg to mention to you that in the discharge of my duty as chairman of the board of trustees, I have visited among other schools, those of the Nuns and Christian Brothers. The latter refused me admittance altogether at the time J went, although I distinctly stated in what capacity I came. The superior or head teacher told me that I could not be admitted at all in the forenoon, but that if I named a day when I could come in the afternoon, he would let me know if I could be admitted or not. Being occupied with my college duties in the afternoon, and standing on what I conceived to be right of admission at all times as in the other common schools cf the city, I refused to name a time, and came away without being able to get within the school. I then went to the Nuns' school. A lay female teacher to. whom I first applied for leave to see the school, referred me to a Nun who was teaching some classes in an adjoining apartment; she, after hesitating a little, permitted me to remain, and brought up one of the classes for examination. I had not been long in, when an older Nun, I believe the superioress of the institution, entered and asked me what right I had to be in the school ; I explained to her who I was, and in what capacity I came ; she told me that it was no matter, and that I had no right to visit the school unless I had previously asked and obtained leave to do so, at least two days previously : I stated to her that I understood the school regulations differently, and thought, that if the school was to be ranked and paid as a common school, that the trustees had a legal right to visit it whenever they chose to do so, without any previous notice or asking any leave. I reported to the board before its breaking up last night, the result of my applications in both these schools; but the Roman Catholic party said that the teachers of these schools were not bound to know the school regulations ; that even if they had known them, they were justified in excluding mc, in consequence of the vote I gave at last meeting of the board against their continuance as common schools, A Roman Catholic priest, a member of the board, gravely told me that if | I wished to get into either of the schools I had nothing to do but come to him and he would afford me the requisite facilities, adding, that he was not surprised I had been refused admittance, taking the side I had done at hist meeting, for that though the Nuns and Christian Brothers did not know the school regulations, they were not ignorant of the proceedings at the meeting of the school board. Another member told me that there was no violation of the school act or regulations in the refusal to admit me. Might I beg you would favour me with your opinion on these matters. The Board is at a stand still in consequence of the determination of one party to uphold the.se schools, whether conforming to the law or not. And meetings hitherto have been of the most discreditable character : no real business has been done beyon'^ 8S ! election of the chairman and the secretary and superintendent ; and unless we- |»n find sonae mode of extrication from our embarrassment, the whole year will pass lover without anything being done ; and indeed the fewer meetings we hav« in [lamre the better, if time is to be frivolously wasted or filled up with speeches out- raging Protestant feeling, and, I am constrained to say, common decency. I have the honor, &c. (Signed,) J. MALCOLM SMITH. I The Rev. E. Ryeeson, D. D., Chief Superintendent of Schools, Toronto. P. S. — I have been requested by a majority of the board to publish your last I communication to me, but before doing so, I would beg to ask your leave to do it. (Signed,) J. M.S. !!l?fCj Xo. 30. The Chief Superintendent to the Kingston Board of School Trustees. nW \'o,9«9,K.] Sir, It is illegal for Teachers to exclude their Tnietees froK the Common SchoolB. ! • Education Office, Toronto, 23rrf ^arcA, 1854. I have the honor to acknowledge the receipt of your letter of the 8th instant, and to state in reply that, you are quite at libert .o publish any official letter addressed to you by me. In regard to teachers refusing to admit their school trustees employing them, it is a I new case, such as I am not aware has ever before been brought under the notice ofthis department, and appears to me like a man re; ig refused admission into his own house, and by persons in his own employment. If a trustee should abuse his authority in this respect, the board cf school trustees in each city or town can make a regulation to the mode of proceeding in visiting its schools by its members. But apart from any such regulations, the law clearly gives this authority to all trustees. By the 14th clause of the 12th section of the school act of 1850, it is made the duty of trustees " to visit the school from time to time and see th^t it is conducted according to the regulations authorised by law." And in the first section of the supplemontary school act, the same power is expressly declared to be possessed by imstees in cities and towns. In the ^huol act of 1850, the trustees in cities and towns, among other thingf, are autL<'/rt«ed and required " to determine the number, sites, kind and description of ^I'A m schools which shall be established and maintained in such city or town ; the teacher or teachers who shall be employed, the terms of employing them, the amount of their remuneration, and the duties which they are to perform ;" " to see that all the pupils in the school are duly supplied with an uniform series of authorised text books ;"''to see that all the schook under their charge are conducted accoi-ding to the regulations authorised by law." From these provisions of the act, I think it is clear that the board of school trustees in cities and towns can establish any kind of schools they please, and employ any kind of qualified teachers they please; bui, that all such teachers shall be their ser- "vants, and all such schools their schools, and not those of any other party: that if any religious persuasion or other party wishes its schools to be regarded and sup- ported as the public schools in a city or town, such school must become the school of the board of school trustees and its teachers the officers of such board alone. ' No man can serve two masters at one and the same time, nor c^n schools be subject to more than one authority. The only authority recognised by law in the management of schools and thc'r teachers in cities and towns are the trustees elected by the people. , , ,. , I have the honor, &c. (Signed) E. RYERSON, The Rev. J. Maixjolm Smith, A. M., Chairman Board of School Trustees, Kingston. JVb. 31. The Kingston Board of School Tmstees to the Chief Supeiintendent Refusal of Chiistian Brothers and Kuns to conform to the general regulations.— Quorum of Board. [L, B., 4324, 1854.] Sir, Kingston, 2nd November, 1 854. As chairman of the board of trustees of conunon schools of this city, I beg to ask your advice and direction in the case I am about to slate. You are already aware that ca um list of our common schools for last year there were two Roman Catholic schools, one taught by the Nuns and the other by the Christian Brothers. How these two schools ever came to be recognised and paid as common schools, is quite unknown to me. But on my becoming a member of the board at the begin- ning of the present year, I found six of my fellow trustees determined to resist the re-engagement of these schools or teachers. In their views I entirely concurred ; And at our second meeting the matter was brought up ; but there being an equality of votes on each side, both the resolution and the amendment, in terms of the act, tell to the ground. In these circumstances we were at a loss how to proceed, and after an attempt to engage the schools by a separate vote on each, the board found itself at the end of March in no better a position with regard to business than at its first meeting. The sevCii Protestant trustees would not agree to the re-engagement of the two Romish schools ; and the five Roman Catholic Trustees supported in all their measures by two professedly Protestants, would agree to no vote on the schools which did not comprise their own two schools. More than one of the Roman Catholics had spoken to me with the view of my agreeing to the re-engagcments of their two schools forthepiesent year, for the sake of peace, pledging themselves to apply for separate schools at the close of the year* I stated to them the only conditions on wliich I could agree, and these seeming to them reasonable and fair, I cmbo.lied them in a resolution, a copy of which I enclose, and the next meeting all the schools or teachers of last year were re-engaged subject to this resolution. I may state that in the resolution as at first proposed by me, I mentioned the two Romish schools by name, requiring on their part conformity in every respect to the other common schools, as required by the common school act ; but as this seemad to be ofl!ensive to the Roman Catholic members, I drew up the resolution in the general form enclosed. The engagements of the schools subject to this resolution was carried by eight to six, all the Roman Catholic members voting with me lor it, and six Protestant members voting against it. At the paswing of this vote 1 gave it distinctly to be understood that 1 would not allow the resolution to be a mere fcrm ; and I soon afterwards went round all the schools to ascertain where it was acted upon, and where it was not. In order that there might be no ignorauce on the part of the teachers, I directed the secretary to get the resolution printed and to leave a copy or copies of it at every school, and to inform the teachers that copies of the authoriseil text-books would be supplied to poor scholars, on the teacher applying for them to the secretary. Notv^ithstanding all our exertions, the Nuns and Christian Brothers' schools wouLl not, and did not conform to our retjuirements. They still continued using their owi Romish text-books ; and no reading book authorised by the council of public instruc tion found a place among them. On more than one occasion when I went to visit the scl. ools I found these two closed. Their hours of meeting were ditferent from the others, and they would not alter them. And when the summer holidays were ended, all the other schools met promptly on the day named by the superintendent; but these two remained clo.sed without any leave asked or obtained, for nearly two weeks after. From other facts which I could easily adduce, were it necessary, I became satisfied that these two schools were under other control than that of the board of comnjon school trustees, and that they wt jld never submit to our control being exercised over them. After this vote for re-engaging the schools, the Roman Catholics seemed contenteJ, and they al)sente(l themselves from subsequent meetings of the board called by n\v, *hus preventing us from transacting any business for want of a quorum. •VJ! Slir "J P ?« t 86 In the month of August one of their trustees died, and I called a special meeting to fill up his place. They knowing that a Protestant would be returned for the ward ' would not attend ; so that there were only seven members present. But I had taken legal advice, and ascertained that under the circumstances seven I would be a legal quorum of the board, being an absolute majority of the members. By order of this meeting a writ was issued for the election of a trustee to fill tl.e | vacancy ; and a Protestant was elected. At our next meeting (nine members being pt-esent including one Roman Catholic, i who soon withdrew on finding none of his brethren there), u resolution waa carried declaring that the schools had forfeited their engagement by the board, in conse- quence of not having complied with the terms of the resolution subject to which they were engaged. Would you be so good as favor me with your opinion as to our proceedings, as I thus briefly and hurriedly detailed by me — especially as to our having met as a board with a quorum of seven, when the board consisted oi thirteen, &c.: whether we are liable for any salary to the teachers of these schools — or if foi- any, for more than theii proportion from January 1st to date of the passing of the enclosed resolution. Your opinion of the case, with anv direction or advice you may see fit to give will be thankfully received by me and by the other members ol the board who are now acting. I may state before closing, that the Roman Catholic trustees have been threaten ing us with legal proceedings for the salaries of the teachers, we have declared as not subject to the board. ,;.' , r, i ' ' i I have the honor, t&c. • :. •' (Signed,) The Rev. E. Rverson, D. D., Chief Superintendent of Schools, Toronto. J. MALCOLM SMITH lEnclosu7-e.] , , , , Resolution passed at a meeting of the Board of School Trustees, Kingston, on the 11.' Apnl, 18"^4. • •- Resolved, — 7 hat this Board ch*. is the sole and exclusive authority over all the teachers and scl ■• is recognized and paid by them ; and that while they are deter- mined in every instance to require a strict compliance with all the regulations of thf school act generally, they deem it proper and necessary at this time to give a dis- tinct expression of this their determination, — especially with reference to the we ol unauthorized text-books, and the existence of any kind of sectariiin religious teaching (luring the common school hours. And the board further declare that all fheschiiol' with which they have to do shall be open at all hours of school teaching to the visit> of the nicmbers of this board, and all other visitors recognized by law, — that itisllu ^■^3 &z 87 duty of all their teachers to leceive such visitors courteously, and to afford every facility for inspecting the text-books used ; for seeing the method of instruction pur- sued, and the general efRciency of the school, and for recording their visits in the visitors' books, along witli any remarks they may see fit to make. (Signed) J. MALCOLM SMITH. M. 32 The Chief Superintendent to the Kingston Board of School Trustees. The Bjard ia einplojing persons for the Public Si;liouU has only to do M'ith them as Teachers, and not as members of religious order*. • pJo.2S07,M.] Sir, .1 --!-, i: . , 1. I : .'v • « • '))■ Education OpncE, ■' ' ' Toronto, \3th November, 1854. I have the honor to acknowledge the receipt of your letter of the 2nd instant, and to state in reply that, as the question yon propose is a purely legal and technical one, and not involving a general principle of the school system, I feel some delicacy in answering it. I think there is no doubt that the teachers to whom you refer have violated, or rather disregarded, the conditions and regulations under which they were employed. But on adopting the last resolution of which you speak, notice of their dismissal to the teachers concerned, should have been given, and payment made to them of their salaries up to that time. Whether your board took these steps or not does not appear from your letter. If not, I an inclined to think the board will be liable for their salaries up to the present time, under the 17th section of the School Act of 1850. If your Board did not notify and pay them at the time of passing the last resolution referred to, it ap- pears to me to be the most peaceable way to pay their saliirics for the current year, and guard against a similar abuse of the provisions and objects of the school law. A board of school trustees has only to do with the teachers it employs ; and itsiiould employ each of them without any reference to, or recognition of, any reli- ;4ous comiuunit) with which such teacher may be connected, Each of the nuns ur monks employed by the board, should be as nmch subject to the board as any other teacher employed by it. Tiiey are no exception to the general rule that '' no man can serve two masters ;" nor should the board suftor its own requ.reiuents to l)e treated with contempt by any teacher in its employ nient. : I have the honor, &c. (Signed) The Rev. J. Malcolm Ssirrn, A.M., Cliuinnaii Board ol JSchool Trustees, Kiu^slun, E. RYERSON. 4''i fJiti JVo. 33. The Kingston Board of School Trustees to the Chief Superin- tendent. I Election and Voters for Separate School Trnstcea. [L. a 4737,1864.] Queen's College, Kingston, 2 1 St December, 1854. Reverend Sir, Some of the Roman Catholics of this city having applied to the board of com- mon school trustees, to be allowed to have separate schools for next year, and their application having been sanctioned by the board, the necessary steps are being taken to have this carried out immediately. I have been authorized by the board to issue writs for the election of separate school trustees in each ward in the city. But there will be a difficulty, in my opinion, as to who shall vote, the qualification in this case being posterior to the act of voting. Might I trouble you for your advice in the matter: First. Whether the board ought to appoint separate returning officers for the .separate school trustees election, or if the returning officers for the general board can record the votes and make the returns for both parties. Secondly. Who are entitled to vote for sepp.rate school trustees, there being as yet, properly speaking, no separate schools, and no taxes having been paid, conse- quently, for such. And lastly. Can those voting for the separate school trustees vote also for trustees to the general board ? The board of common school trustees have already cut oiT th? schools taught by the Nuns and Christian Brothers, and paid their salaries in full up to the begin- ning of this month, thereby freeing itself from all further claim from these quarters. But besides these two, there is still a common school taught by a Roman Catholic teacher. When the separate schools come into operation, will it be the duty of the general board to remove this teacher, to make way for a Protestant? I have the honor, &c. (Signed) The Rev. E. Ryerson, D.D., Chief Superintendent of Schools, Toronto. J. MALCOLM SMITH. 89 m 34. The Chief Superintendent to the Kingston Board of School Trustees. fficers for the The Petitioners for Separate SchooU are Votera at flrat Election of Separate Scliool TruateeH. Ill 18, M.] Education Office, Toronto, 4/A January, 1855. iSii, 1 have the honor to acknowledge the receipt of your letter of the 21st ultimo, lud to state in reply that, the first election of trustees for separate schools takes place liithe sanne manner as that of trustees of school sections, according to the 5th section lofthe School Act of 1850. The electors present choose a chairman, and elect three Itrustees for the section, as usual. 2. By the 2nd proviso of the 19th section of the School Act of 1850, it is the Iparties petitioning for a separate school that have a right to vote at the first election Iftrustees for it. If any parties [)resent themselves at a separate school election liMeting, to whose right to vote any person present makes objection, the 7th section l«fthe same act states the mode of proceeding in such a case. Others have no right |lo interfere. 3. By the last proviso in the 4th section of the Supplementary School Act. the jiupporters of separate schools have no right to vote at the election of common school linistees. ''• • ■'•'-■ I have the honor, dec. (Signed) .. E. RYERSON. ' iThe Rev. J. Malcolm Smith, A.M., , . Chairman Board of School Trustees, . ' Kingston. City of Ottawa (Bjtown). ^mi liM h i« liA 90 to petition the board of school tru^itees, laying before them what ,o\i a asideroij pressivt', unjust or illegal in tlit> tlistribution of the school fund. '-Tiio supurintendcnt in the mere servant of the uoard of school tru^itees, he hn no power ill his Imiitls excej)t to carry out their orders, see tliatthe teachers do the! duty, to report to tlie bonrd any misconduct or ''li'i'iliction of duty on their part aij littve the teacher admonished or dismissed. " If there bo any school section in which there is not a teacher professing to be I Protestartt, the 19th section of the school act points out distinctly the course be pursued; the board no doubt, if applied to, will carry out the intentions of th law and do all I hey can to satisfy the people. "I will forward your petition to the Chief Superintendent of Schools as yn desire, that ho may be in possession of your views. •• That part of your petition where you allude to teachers being employed by th board who have not legal certificate of qjnalillcation, your information isnotcorrecl No teacher has at any time been engaged by the board without producing a certiff cate of qualification from the county board of instruction." On looking over these papers, if any suggostio.is on your part can be offered, I will be happy to receive them and lay them before said petitioners. I have the honor, &c. (Signed) Rev, E. RvEHsoN, D.D., Civet Superintendent of Schools, Toronto. ALEXANDER WORKMAN, L S. C. S., Bytown. 'v ¥.i [Endoiure."] To Alexanher Workman, Esq*, Superintendent of Common Schools, Bytown. , • Sir, The petition of the undersigned Protestant inhabitants of Bytown, respectfullj beg leave to represent — That they feel aggrieved and dissatisfied with the unjuj and unequal api I )rtionnieiit of the school fund, public and local, as relatively distil buted between the Roman Catholics and Protestants of Bytown. They, thercford hereby de-nand sei);irate I'rotestant schools in every school section in this town ; aiij respectfully but firmly insist uj)on receiving every penny of school funds which 1 contributed by the Protestants of Bytown, together with the portion of the publil grant in the pro[)ortion that the whole government grant bears to the whole scho rates for the town. They further beg leave to request that in the event of your not carrying thJ arrangement into immediate eflect, tliat you will be pleased forthwith to coininunicatf their views to the Cliief Superintendent of Education for the Province, as they wij never consent to be taxed, or pay any school rate, upon any other terms. 91 what >uuc(aBtderoJ id. >l' school trustees, he ha tut the tcuchera do the! duty on their port aij acher professing to be listinctly the coursie It the intentions of th ent of Schools as I being employed by th formation is not correcl lOut producing a certi^ r piirt can be offered, | :ioners. ER WORKMAN, L S. C. S., Bytown. of Bytown, respectfullj latisfied with the unjus cal, lis relativ(^ly distil lown. They, thereford ction in this town ; an| f school funds which i portion of the publil irs to the whole scho f your not carrying tliJ thwith to comniunicati ! Province, as they wi| )ther terms. If division and dissent is to bo i)cr|M)tu ited in the common school system of this Ipfuvince, let it at least bo based U|)on the principle of common Justice, in giving tu Kcpanilists thu amount they contribute theniHelves, us well as the proportion lihercio of the public grant. They beg also to state thut they are informed that there are teachers and Insti- liutiaiis jmrticipi ting in the school funds who are not legally entitled to th'. .same, Imnuch as some of the teachers have no cerlidcates of qualilioation according to ^|;i\v, and who are teachorri in institutions not created in accordHiice with the com Imoii school act, and over whose property and management tlio .sthcol trust rrs Ihave no control. Soliciting an answer at your earliest Th." me nee, f tli*^ honor, «kc. rl.. .i>i'':iil' livtuwn, March 14th, 1853 I X, Sparks, E, McGillivray, James Robinson & Son, N.S. Plawm, Wward S>. Perkins, Lyman Perkins, William Stewart, J. P., James Ashfield, William Frazer, William Borbridge, John Beimett, John Blyth, John Ford, John Watchorn, Charles Carson, Michael Johnston, James Raitt, [Thomas Hasty, Francis Link, .' , I William Elliott, hi. Rubihson, I Edward Grant, Ji)hn Matthews, iJohnChitty, lloth Paterson, Thomas Evans, i\. F. English, S.C.Kfir, -•*- Henry Mathers, I Taffy Cox, lieorge H. Prcstoii, (S. I ■' '1: AIM rf"M-,)j 'VA'i 'uy •.u»> d I Iv «nly, John Elliott, John Wilson, Robert McCullough, James Mathars, Councillor, J. D. Slater, James Cook, John Burns, S. S. Strong, Robert Hardy, . ; George R. Johnston, William Hewitt, Thomas Green, William Walker, John Lang, George Lang, James Lang, R. Wadd ell, Caldwell Waugh, John Sweetman, John Carnegie, , ... Jatnes Hawken, James Montgomery, Richard Call, Edward Van Courtlandt, James McCullogh, James Campbell, William McCullogh, Hamnett Hill, William Lattimer, William Hamilton, .i»< yfV> : iU . ^^•i .,.-;A ■j m It ■ . IMAGE EVALUATION TEST TARGET (MT-3) ^\^ 1.0 1.1 |5o "^^ H^H "» Bi 12.2 S Hi ■■ £ vs. 12.0 "^ly iy& 11-25 11 1.4 1.6 1/ ^>^ Hiotographic Sciences Corporation m i\ ;v \ \ V 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 ,*- ^ %%^ ^^4^ ^ 92 George Foxton, JoUn Henderson, John Fotheringham, James MacDermaid, John Frazer, John Rowat, Robinson Lyon, Robert S. Read, John Grant, Duncan Graham, Jol>n Macdonald, Robert Waflfer, William Jamieson, W. Cousins, Alexander Graham, F.D.Wood, Francis Dowler, Samuel Watson, Robert McCandlish, Henry Burrows, Richard Taylor, John Burns, Abhram Henderson, John Rochester, Jr., John Walker, John Lanwford, George Wilson, '-l;^' ■ Mi> : 1 ' • ili Gilmour & Co., John W^illiam Hamilton, John Cameron, Abraham Astleford, Thomas G. Burns, Dawson Kerr, Henry Farren, John Freligh, William Tracy, Andrew Graham, William Musgrove, Angus Sutherland, Joseph Coombs, George Carter, James Peacock, R. Freligh, Thomas Langrill, H Haughton, C. A. Burpee, ' "' William P. Lett, James Coombs, Thomas Wilson, ? Thomas G. Burns, Jonas Barry, Robert McDougall, George Story. r^'Ml -.«..- JVb. 36. The Cliief Superintendent to the Local Superintendent of Bytmcnl [No. 16, 1.] Sir, Petitioners can, if thoy please, have a Separate School after the 25th of December. Education Ofpfce, Toronto, 3nrf /m^^, 1853. I have the honor to acknowledge the receipt of your letter of the 10th May,: enclosing a petition addressed to you^by a large number of the Protestant inhabitantsi of Bytown. I have deferred answering your letter until I could refer you to the! provisions of the new Supplementary School Act in regard to separate schools. Yoii I will find that act in the Journal of Education for June ; I beg to refer the petitioners m jiothe 4th section of it. No separate school can be established before the 35th of Ipecember. The school operations, therefore, of your town, for the current year, liiiist be conducted as usual. After the 25th of next December the petitioners can, itboy please, avail themselves of the provisions of the 19th section of the School Act |{i{°l850, in connection with the provisions of the 4th section of the Supplementary I have the honor, &c. (Signed) |,Uexandeb Workman, Esq., Local Superintendent of Schools, Bytown. E. RYERSON. \Xo. 37. The Rev. S. S. Strongt D. /}., of Bytown^ to the Chief Super' intendent. »■ J-* On the utabliahment of t Proteatant Sepattte School. [LR. 2087,1863.] Sir, BrrowN, 4th October, 1853. A* Some members of my congregation, and others, have suggested to me the pro' I priety of getting up a Protestant school in which all denominations other than Roman I Catholics should be united. I have every desu-e to meet their wishes if such a plan can be legally carried out under the school act at present in existence, which I doubt, as I can find in them nothing beyond a power to establish separate sectarian schools, which does not recognize a union of Protestants. I I am sorry to add to the vast amount of labour and trouble which your o!;■:!■>'■/ P. ' M'^ 1 ^' (Signed,) I To the Rev. E. Rverson, D. D., Toronto. Iam,&c, ,„,.>,^i S S. STRONa , yvV '^/j'-.sajii'ltl'r ^**.\'t' .'Ay3^t:*.v v'' ^■i^^- . , 94 JVo, 38. The Chief Superintendent, to the Rev. S. S. Strong, D. D., \ Bytown. A Protestant Separate School may be established in any Ward if the Teacher of the Public School ig i Roman Catholic. [No. 462,1.] Education Office, Sir, Vv). ..tn.f Toronto, 1th October, 1853. I have the honor to acknowledge the receipt of your letter of the 4th instant] and to state in reply that if the teacher in any ward or wards of Bytown is Roman Catholic, a Protestant separate school, (including all Protestants who choose to apply for, or support such separate school,) can be established, as provided for in the 19th section of the act of 1850. I may remark that the 4th section of the| supplementary school act is as favourable to Protestants as Roman Catholics, mentioned this to several Protestant gentlemen in Bytown during my visit therpl last winter, on their informing me that the Protestants possessed the greater part oti the taxable property in the town, while they were in the minority as to numbers. I have the honor, &c. •' (Signed,) E. RYERSON. The Rev. S. S. Strong, D. D., &c., &c., &c., ' Bytown. ,,.-r>.V<'.*r» ''o;lso(ri!ia-rfi>>iis'»'a :•>"' . (-.)., JYb. 39. The Ottawa Board of School Trustees to the Chief Superintendent. --~^ ""'* -- t ^ li'^'i Queries relating to Separate and Common Schoels. [L. R. 607, 18K.] ..,,h., .nl^B !!' !v''f!!7i ri! !'i:>>!'Kr/., r\ City OP Ottawa, ,u aw. I. -.t-it.;^^ -ii .'1 ;.>^'it .i^ :■ .->r .r)v=. .,v*u. . g^j^^ January, 1855. Sir, I was under the necessity of troubling you the other day with a telegraphic I despatch, to which you were kind enough to reply,* and ' ^m now under the] " The following are the communivations referred to :— ■ " ' ~ '• ' By Telegraph from Ottawa, 26th January 1856. To the Rev. E. Ryerson, Chief Superintendent of Schools. < Have our City Council the power of declaring each ward a separate sohool section f Can one | of our school trustees act aa local superintendent ? Please answer queries. (Signed,) JAHES COX, Chairman, By Telegraph from Toronto, 26th January, 1866. To James Cos, Esq., OtUWA. CouncU has no power bat to provide money when required by tmstees. Trustees have >li | power. Trustee may be superintendent in a city. (Signed,) E. RTERSON. 95 >1 section f Can one her necessity of forwarding a series of queries fur your consideration and icision, in consequence of the ambiguity of the common school act ; but it is right jshould assign my reasons for thus troubling you : permit me then, sir. to draw ur attention to a few facts which will fully illustrate the present position of the tininon schools of this city, and which have hitherto prevented the school trustees ifOttawa (late Bytown,) from working the school law to advantage. First. — The town until lately was entirely under the control of the Roman Mholic priesthood, who, as you are aware, are strenuously opposed to education 1 any and every forn^ V\i">M air Second. — ^The division of the town (3 wards) under its late municipality, gave gthe Roman Catholics the preponderance in the board of school trustees, and as li consequence they carried every measure to suit the views of the priesthood. Third. — The Protestant population have hitherto contributed about two-thirds Isf the tax levied for school purposes, while the Roman Catholics have received a Iktle more than two-thirds as their share in its disbursements, the latter having Itleven schools, all, or nearly all free, while the former have but five schools, and iMIy one-third of the number paying scholars. The present division of the city into five wards having given the Protestant lation the preponderance, (they having six representatives in the trustee board, ind the Roman Catholics four,) feel it incumbent upon them to make such altera- I and amendments in the number and management of the schools as shall bring I into greater conformity to the common school acts. It would be impossible, in a single letter, to detail all the disadvantages under which the Protestants of this rising city have labored for the last few years in regard to common schools, but you sir, with your usual penetration, will easily perceive, from what I have stated above, that many changes are necessary in order 10 work the schools to advantage ; may I then request you to give the accompanying ijueries your earliest consideration, and favor me with your opinion upon the same, with any other suggestions which may occur to you. I enclose an extract from the act incorporating the College of Bytown, cap. 167, dated 30th May, 1849, and also one from the act incorporating the community of the Sisters of Charity, cap. 108, dated 30th May, 1849, which may assist you in the consideration of queries Nos. 15 and 16. ■ad*. tow.f:'' . HM'jit in mxifH% I remam, &c. - . . (Signed,) JAMES COX. 8^:' Entries for the consideration of the Chief Superintendent of Education for Canada West, for his interprettUion and (pinion. •"* ' v ♦^ . '.^fi *^,. •.?<;: ■1st-— Can the several wards (five) of the city be formed into distinct and separate common school sections, and if so, by whom? -_.,„^ ^„,....,w ^ -—-- ^. .~^.. s 06 2nd. — In the event of its being legal to have the wards formed into separatJ school sections, can each ward or section be taxed by itself, for all matters apperl taining thereto, by the city board of trustees? 3rd. — If wards in cities are not considered distinct school sections, and cannol be made such, is it requisite in taking steps to appoint new schools, purchase land for sites, establish libraries, Sic., &c., to call a meeting of the taxable inhabitants oj the whole city, or of the inhabitants of the particular ward only in which such nev school, &c., &c., is to be situated ; or can the board of trustees do each and all oj these things within itself? 4th. — Can the board of trustees in a city, exercise all the powers and perform| all the duties prescribed in the school acts, without calling any public meeting? 5th. — Is a trustee of the city board eligible to be appointed local superiii'l tendent ? 6th. — The city of Ottawa having come into existence by special Act of Pariia- ment, on the 1st January, with five wards, and having elected a new board ofl trustees of ten, two for each ward, does the former superintendent continue inj office till April, or shall one be appointed forthwith ? Ttb.-^Before the teachers are re-engaged for the current year, is it not in thel power of the Protestant inhabitants to demand as many Protestant separate schools! as they are willing to support ? 8th. — If one or more separate schools are applied for, and granted, can they gol into immediate operation, as no assessment has yet been made for the current yearj or do detections 18 and 10 apply to them, and for what reason ? c r; - . .r 9th — Can any of the trustees of the city board be also trustees of separate | schools? i» * 10th. — Shall the committee of three mentioned in the 5th clause of the S4th| section, consist of members of the trustee board or others? 11th — What way can thfe city chamberlain provide funds when the collection | is made only in December? lSth.-^The population of this city having increased since the last oeniusl returns to about 10,000, are we entitled to an increased share of the provincial | grant? 13th.— Can books in any other language than English, be taught in common | schools ? 14th.-«Can you supply the board of trustees with copies of the school actfi»| to be handed over to their successors ? 15th. — ^In a chartered Cathohc college and receiving provincial aid, have they a right to teach a common school in such college aad be piud ihenfor ? 97 ed local superinj 16th. — Have incorporated Sisters of Charity a right to teach two or more I common schools in a nunnery or hospital, under the school act, and be paid for I the same ? nth. — Did the engagements of the teachers employed by the trustees of the I late town of Bytown cease with the functions of the old board of trustees ? \ [Enclosures.] . r.v,j,',i.(!J ... An Act to incorporate the communily of the Sisters of Charity. — Passed 30th May, 1849— Cap. 108. .aic This act incorporates the institution now existing at Bytown under the same natno, and the object of which is the maintenance of a hospital for indigent and inBrm sick persons and orphans of both sexes. The present members of che I corporation are named and incorporated, and such others as may hereafter become members under the rules of the corporation. The yearly value of the real property the corporation may hold is limited to £2,000, the issue and profits of all real and personal property being applicable solely to the purposes of the institution as above mentioned, the present property of the institution is vested in the corporation, which is to lay yearly before each branch of the legislature, a detailed statement of its property. The rights of the crown and of other parties not specially mentioned, are saved. This institution gets a yeiarly provincial grant of £150, solely for hospital purposes. The site of the institution was granted by the board of ordnance in trust (free) to certain Sisters of Charity, distinctly for an hospital for the destitute sick of An Act to incorporate the College of Bytown — Cap. 167. — Passed 80/A May, 1849. This act incorporates the institution now existing in Bytown under the same Dame, with the usual powers. The members of the corporation are the Roman Catholic Bishop of Bytown, the superior of the college^ the cure of the parish of Bytown, the director of the college, the professors of philosophy and belles lettret therein, the bursar and all necesssary officers thereof, and their successors respectively; the yearly value of the real property of the corporation may be £'2,000. The issues and profits of all property, real and personal, to be applied solely to the purposes of the college ; the repairs of the requisite buildings, and the education of the youth ; the property of the corporation now existing at Bytown, under the same name, is vested in the corporation, which is to lay yearly before each branch of the legislature, a detailed statement of its property and afiairs. The rights of the crown and parties specially mentioned are saved. This institution gets a yearly provincial grant of £150 to educate youths from the county of Ottawa, Canada East, free of charges, but from a recent enquiry made by the member for Russell, in his place in the Legislative Assembly, it was ascertained there were no youths from the county of Ottawa attending the college free. . /'. 98 J\(o. 40. Hie Chief Superintendent to the Ottmca Board of School Trustees. rWo, 518, N.] ~ ,^ QenenI proTliIoui of the law relating to separate and common ichooli in citiei. Education Office, Toronto, Ith February ^ 1855. Sir, I have the honor to acknowledge the receipt of your letter of the 30th ult, and to reply to your several questions in order as follows : — 1st. and 2nd. — The board of school trustees cannot divide the city into school sections, as can a township council a township. But the board can establish ward schools — one or more schools in each ward — and call upon the municipal council to tax the property in such ward for the erection and repairing, furnishing, &c., of the school-house or school-houses, and the payment of teachers in such ward. Srd. and 4th. — ^Boards of school trustees in cities and towns can do whatever they please in regard to everything authorised by law as to school sites, school houses, school furniture, teachers. &c., without calling a public meeting. The •obligation to call public school meetings, applies to school sections in townships, and not to cities and towns. 5th. — ^The board of school trustees may, if they think it expedient, appoint one of their own number as local superintendent of schools, and prescribe his duties, although I do not know of any instance in which it has been done. 6th. — The provision of the law relative to a local superintendent continuing in office until the first of April, does not apply to cities and towns. It only applies to local superintendents appointed to townships by county councils, and whose duties are prescribed by law. But the duties of local superintendents in cities and towns are prescribed by the boards appointing them, and their continuance in office may :be determined by such boards. .7th. and 8th.-— No Protestant separate school can be established in a ward iQiiless the teachers employed in the public common school are Roman Catholics; nor can any separate school be now established this year before the 25th of next December, unless it was legally authorised before the 25th of last December. ; Section 19 of the School Act of 1850, and section 4 of the Supplementary School Act, applies to cities and towns as well as to townships. 0th. — The parties establishing a separate school can select whom they please of their own religions persuasion, as a trustee, if he is willing to servo ; but such individual being a supporter of a separate school, forfeits all right to vote at the elections of public school trustees, and consequently to serve as trustee of a public school. • 99 lOth. — The oommittee allowed to be appointed under the authority of the 5th I claase of the 24th section of the school act, may consist wholly, or partly, or not at all of the members of the board, as the board may judge expedient. The board need not appoint such a committee at all, if it does not desire to relieve its own members, or if it does not think the aid of such a committee necessary. I am not aware that the board of school trustees in Toronto have ever appointed such a committee, but they have directed the local superintendent to attend minutely to the affairs of each school, for which they may not have made provision at their monthly meetings. 1 Ith. — Under the provisions of the 6th clause of the 24th section of the school act, the city council must provide funds at such times and in such manner as ttie board of trustees may require. 12th. — I cannot yet tell upon what returns I shall apportion to the several municipalities the school grant for the current year. 13th. — Books in French and German are used in some of the common schools in Upper Canada, although no text-books in those languages have been formally recommended by the council of public instruction. But the use of these languages in the schools where the inhabitants speak them, is recognised by law — See page 157 of my report for 1853 ; and the trustees can use any books published in the British dominions, and which are not prohibited by the council of public instruction 14th.->-Several copies of the school act are herewith sent, and a copy of my last annual report. 15th. and 16th. — No school is entitled to share in the common school fund which is not established under the authority, and according to the provisions of the school acts; and the trustees of which are not elected according to the acts, and the teachers of which are not employed by such trustees, and who do not conduct their schools according to the regulations prepared under the authority of the scha 1 acts. But trustees have a right to employ Sisters of Charity or any other persons whom they think proper (having legal certificates of qualification,) as teachers of their schools. i;- ( Ifn my. .f ^^'^m. v I nth. — ^I cannot answer this question, as I know not the provisions of the act incorporating your city, which may apply to the subject ; nor th6 terms of agree- ment with your teachers. But I think in point of equity and propriety, the present board of trustees succeeding to all the powers and property of the board of trustees, socceed also to their obligations. I have the honor, &c. (Signed,) James Cox, Esq., Chairman, Board of School Trustees, City of Ottawa. % '! ^r E. RYERSON. 100 f ri'"-'n Town of Belleville. .1- Oj. -f !» JVb. 41. The Belleville Board of School Trustees to Ihe Chief Superintendent. The Trastees of the Roroftn Catholic Separate School hnro applied to the Court of Queen'a Bench agaiiut the Board. tLB, 5«4, 18M.] ^{ , Belleville, lltA February, 1858. Reverend Sir, An application has been made to the Court of Queen's Bench by the trustees of the Roman Catholic separate school of this town, for a mandamus to compel the board of school trustees of Belleville to pay to the teacher of the separate school, a proportion of the monies raised by assessment, for school purposes, (over and above the school fund as defined by section 40 of the school act,) equal to that paid to the common school teachers during the first half year of 1852. Upon this application, a rule has been granted by the court, calling upon the board of school trustees to shew cause why the mandamus should not go forth. 1^,^^ Acting in behalf of the board, I have submitted all the facts connected with this pretended right, the correspondence between the parties, brief, &c., to Mr. Van- koughnet, Q. C, of Toronto, to whom the whole case has been confided. I have furthermore taken the liberty of referring him to you as one who can best guide and assist him in the proceedings. i ,r: r.i.i i;,, ,,. '.p;.;,, .rui joji;; i Your most obedient servant, . .M^;j^ C. a BENSON. Rev. E. Ryersoh, D. D. .-.,,«.,({,,,},>•,;;{ ; Toronto. P. S. — ^The case stands for argument during the present tern). iriHii, .»ij ** *>j.: ^^* i' I'a Bench agaiiut 101 I Xo. 42. The Ti-ustecs of the Roman Catholic Separate School, Belleville, to the Chief Superintendent. 'be Court uf Queen'H Boucb hM JoulindJ granting a iniiudiMiius until tlie Chief SuperintonJont's deciiion U _ ... liiiJ before it. X,R. aH18M.l ^ ,^ Beixeville, 28/A March, 1858. ,[y Sir, I beg to enclose herein, certain documents, numbered respectively 1,2, .3, 4, foi the sole purpose of acquainting you with the position in which tlie dispute between tiie board of school trustees, and tlie separate school trustees now stands. We applied to the Court of Queen's Bench for a mandamus to compel th« trustees to divide the government grant, and the monies raised l)y local taxation for ihe payment of teachers' salaries, between the common school teachers and the sep- arate school teachers, in proportion to the attetklance at each school. A portion of the Judgment of Chief Justice Robinson will be found enclosed, marked 1, from which you will perceive that our definition of the school fund is acquicsed in, although our ap- plication was unsuccessful, chiefly because it was not shewn on the argument that tbedisputehad been referred to you, and had been decided on; the opinion of Judges Draper and Burns, respecting the definition of the school fund, is tlie same as that ot the Chief Justice,! understand from my agent ; but of that Mr. Vankoughnet will be able to speak. My object in again troubling you for a decision as to whether the separate school teacher is entitled to share in the government grant, and the nioaies raised by local taxation for the payment of the salaries of qualified teachers, in pro- portion to the number of children attending the separate school, as compared with the number attending the other schools, is for the purpose of bringing the matter again betbre a court of law ; and I have to request, that you will be pleased to favour us with a decided expression of opinion on this point soon, so that it may be used in the proceedings about to be instituted. You will see by the papers enclosed, marked 2, 3, 4, that the separate school trustees have used every exertion fur a settlement, believing as they did, that a simi- lar dispute could not again arise, and that it was desirable to avoid lurther litigation. The board of tmstees, however, take higher ground than at the commencement of the dispute, and as you will perceive, rei'use to pay more than the £-^1 3s. 4d. already paid. ■ it;.-..',-. . .,:; . -l : -.Ar:, !>•'•,! i.-r; -'./^fw ■.. '' ,'ji [Enclosures.] [No. 1.] C. J. Robinson's opinion, in part.* — It does indeed appear, by the papers before us, that the Chief Superintendent has bee. referred to by the general board of trustees on the subject, and that his opinion has been obtained ; but it is the parties complaining who should first submit their complaint to him in a formal manner, and ask for redress. Whether his judgment given upon such a complaint would not be final, is not a question at present before us. We must assume that all parties desire only what is right, though they may differ in their opinions upon the effect of the statute. I own, for my own part, that I find it no very easy matter to satisfy myself as to what the legislature really did mean in regard to the point which has been discussed before us, and the difficulty, i dare say, has been occasioned, as was inti- mated in the argument, by the 19th clause having been inserted in the act during its passage through the legislature, by some gentleman who did not and could not, perhaps, under the circumstances, tttke the time and pains necessary for adapting the other provisions of the act to its reception. Under the doubt which at present surrounds the question, and considering, also, the provisions which refers all parties ill the first place to the Chief Superintendent with their complaints, I do not think we can grant a mandamus ; but if it can be of any use to state the impression which rests upon my own mind, after a consideration of the statute, I have no objection to say that I think, as the act now stands, what a separate school established under the 19th clause is entitled to share in, is the sum apportioned by the Chief Superintend- ent out of the government grant, and the sum which can not be less, but may be more, which has been raised by local assessment to meet that grant raised — I mean for payment of teachers generally, and not upon an estitnate for any specific purpose. I cannot make out quite clearly without seeing more than is in the papers before us, whether the school trustees did or did not estimate for more than a sum equal to the government allowance to form a fund for paying their comm6n school teachers generally ; if they did, then it seems to me the Roman Catholic trustees had a claim r > • See the Chief Justice's judgment ia full, page lltt. 103 to share in the whole of such aum added to the government allowance aocording to the average attendance o( pupils at their aohoul. For the reanons I have given, I think the rule for a mandamus, should be discharged, but not with coHta. I . . Belleville, lOth March, 1853. To tht Board of School JVuslees of the Town of Belleville. Genti.kmen, With respect to the application made to the Court of Queen's Bench for a mandamus against you, I am in possession of the judgment of the court. The rule for a mandamus was refused on the ground that the separate school trustees had not furnished proof that application had been made under section 35, clause 5, of the school act to the Chief Superintendent, betore applying to the court — and as the mandamus was a harsh remedy, they thought it incumbent on us to prove everything strictly before they would issue it. The judges unanimously decided however, that "the separate school was entitled to share in the government allowance — and in all monies raised by local assessment for the payment of teachers or paid for teachers' salaries — in proportion to the number of children attending the separate school as compared with the other schooU.*' The point in dispute I consider decided in our favor, although the mandamus was refused on the technical ground above referred to, and each party compelled to pay their own costs. You are of course aware that the decision of the Chief Superintendent was obtained before we took legal proceed- ings at all, and that it was only an oversight in not supplying the court with the correspondence.* What we desire to know now is whether you will pay us our proportion as stated above of the government grant, and the monies raised by local taxation last year, and paid for teachers' salaries for the term our school has been in operation, and if not, will you pay us at once the same amount as a teacher of the common school for the period our school has been kept open. The act proposed to be introduced respecting separate schools this year, will probably end such disputes, and as such an occasion of difference may not again arise, we hope you will comply with our request now, and prevent further litigation. An early answer is desired. Yours, dec. , ' JNO. O'HARE, Sec 'y. to the Board of Separate School Trustees. I Resolution of the Board of School Trustees of the Town of Belleville. [No. 3.] Whereas the board of school trustees have procured a copy of the judgment rendered by the Court of Queen's Bench in the matter of an application by the trustees of the Roman Catholic separate school for a mandamus against the board * See Oorretpondcnce laid before Parliament, 1862, page S9, and Letters No. 45 and 46 : following pages 112, 118. ]d4 whereby it has been adjudged that the application should not prevail, and whereas it is by the said judgment declared that the first proceeding to be taken upon the complaint charged, should be an appeal to the Chief Superintendent for his decision 1 upon the mattf r in difference, and the court appear to be undetermined whether | such decision would be final or not. Therefore, inasmuch as the board are desirous for the sake of all parties concerned that the highest authority of the land 1 should determine an important question which at present is involved in much un- certainty, it is resolved in answer to the communication of the said Roman Catholic trustees, made through their secretary, that this board feel themselves not only ! justified, but in duty bound to await a judicial decision upon the subject matter of I ^the controversy. , , The above is extracted from the minutes of the proceedings of the board of | school trustees of the Town of Belleville. i'(u<.'& '^41 ('1 ; /i'lq; (Signed,) Dated March 22 nd, 1863. 'Ml i RUFUS HOLDEN, ■:y !«..»< J Secretary. ,.,! tli. t. ut^.'J ih V Belleville, 28th March, 1853. [No. 4.] • !' t<«iitxt" I am in receipt of your note of jcstcrday, enrlosing a copy of a resolution of the board of trustees on the subject of our af)plication. As the gentlemen who com- pose the board are not fatisfiod with the opinion of the Queen's Bench Judges of U|'per Canadii, (delivered as it apparently was for their guidance) but on the contrary " feel themselves not only justified but in duty biund to await a judicial decision on the subject matter of the controversy,'' I have to request that you will name some professional gentleman who will accept a writ on behalf of the board, and thereby enable us to proceed to trial at the next assizes; When this " controversy " first arose the board of school trustees informed us that it was solely from a deep sense of their official duty that they refused to place our teacher on the same footing as one of their owt; — tliat the term " school fund " in their opinion and in that of the Chief Superintendent, included the government grant and an equal amount raised by local taxation only. The controversy has developed the fact that Chief Justice Robinson and Judges Draper and Burns, hold an entirely different opinion; and that they consider Roman Catholic trustees entitle 'u ;. .\,.:!>i>;Uii> = "i'-J li !'■ _ ... , . , . .>.o.-.;i4j ^'•,t.^ Fo^ a decision relative to their case. I...i5e5.i853] ,, ^, f,,,,,,,, ,^ ,^^,^^ , ,.v B,,,,,,,,,,^ jo,A April, 1853. " On the 29th ult. I sent you some papers relating to school matters here, and [requested your opinion as Chief Superintendent of Schools, on certain points in dispute between the separate and common school trustees. As no answer has been received to that letter, I have to request that you will be so good as to favor the separate school trustees with a reply on receipt of this, that is if we are correct in assuming that we have the right to your opinion under the circumstances referred to in my former note. If not, 1 beg to apologize for troubling you at all. I am, &c. ;. ;,. ^rir !■ '^I'lfl /\! no f i;rMii ■->V»i;! bilji ::.■; 'O'.f' .It' vii- ■■." ,ii<;iO "111.; -i':} 'Mrlf'-iiiM r.is !:■.:; ^■ ';;i .,.;^jt ,/( ;, JXO. O'HARE, L>f« .:■ J, f'j i( o;- . \rl'.- u.i t 4'fine:J and establishes a uniformity in the school fund of municipalities of every descriptionJ by providing "That the sum of money apportioned annually by the Chief Superinj tendent of Schools to each county, township, city, town or village, and at least an equal sum raised annually by local assessment, shall constitute the common schoulj 109 indof such county, township, city, town or village, and shall be expended for no purpose than that of* paying the salaries of qualifle-l teachers of common iools." Secondly, the several clauses of the 24th section of the statute give the Lcted board of school trustees in cities or towns, unlimited powers in regard to Ijising and expending school moneys for school purposes — powers which appear to )to be liable to no restriction beyond those imposed by the 40t:h and l9Lh sections ifthe statute. If then it is not compulsory on a county municipality to include in the "county Uool fund " any school moneys raised by its authority beyond a sum equal to that ippurtioned to such county by the Cliief Superintendent, I do not think that it i^! Compulsory on a city or town nmnicipality to do so. It do»'s not, therefore, appe^^'. )me that the board of school trustees for the town of Belleville are under any legal ibligatiou to share with the Roman Catholic separate school all the school moneys lley may think proper to raise beyond the sum equal to the apportionment to that |iowD out of the legislative school grant. 2. The powers with which the statute invests municipal school authorities Ipnerally in regard to school moneys, seem to me to be inconsistent with the com- psion involved in the claim which you make against the Belleville board of school llmstees. The statute requires municipalities to raise a certain sum of money, and llo expend it in a particular way. as a condition of sharing in the legislative school, Ipant ; but beyond seeing that that condition is fulfilled, the statute gives the Chief ISuperintendent no authority to interfere with or control the discreticn of any Inunicipality. Should any municipality raise or expend ever so large sums for the liitablishment and support of common schools, but decline to share in the legislative lichool grant, it is clear that I would have no right to interfere with its discretionary Iproceedings ; nor could any separate school receive any aid beyond what such lii&nicipality might think proper to grunt it. So, if any municipality chooses to raise liDore money thin is required to secure an apportionment from the legislative school bant, I conceive that such excess is the exclusive proj^erty of such municipality, and jlliat it has a right to do for school purposes what it pleases with its own. This, I k, is the obvious intention and import of the several provisions of the statute, as Itrell as the fundamental principle of the municipal system of Upper Canada. 3. I am impressed with the same view of the question from a consideration of Ithe scope and design of the school system itself. It is clearly that of mixed schools— lifording equal protection and security to parental sovereignty in religious matters I in regard to every religious persuasion, — and providing for the co-operation of all I classes of the community for the education of all the children of the land. The Iprovision for separate schools in certain cases, was obviously a concession to a loecessity created by passion and social animosity, and constituting an exception to Ithe general rule, and not to be perpetuated beyond the period during which the ■teacher of the public school should be of a difTere.'.t religious faith from the dissen- Itients. If the law intended to place separate or sectarian schools upon an equal footing with the public schools, it should have provided equiilly for their permanont "H^i no continuance and support. This it clearly lias not done. But if a municipality compelled to share equally with the separate school all the moneys it may thinj proper to raise for the payment of school teachers, the separate school would be ij a much better position in regard to its supporters than the public schools in the citl or town municipality, as they would have no trouble or responsibility in providiiJ money by assessment for the payment of teachers — which burden would fall wholl] upon the authorities of the other schools — and yet the separate schools would shari equally with the public schools in such money. This would be holding out premium for the establishment of separate schools — which is at variance with thJ whole scope and design of the statute, and the well-understood intentions of th^ legislature. ■'-'r 4. The provisions of previous Acts of Parliament and the usage of past year will throw further light on the intentions of the legislature, which the Chlel Justice found it difficult to ascertain from the wording of the 19th clause in conJ nection with other clauses of the statute itself. In the school act which existe{ before 1849, the aid given to a separate school was according to the number ol children attending such school as compared with the whole number of children o| school age residing in the school municipality, as should be determined by the loca superintendent. In the school act passed in 1849, no provision at all was made foil separate schools. When the bill of 1850 was introduced, it left in all cases, (as ha been leilt by a previous act in cities and towns) the option of establishing separata schools to the municipalities. While the bill was passing through the legislature] this provision was altered so as to leave the option, under certain conditions, o( establishing a separate school to twelve resident heads of families — allowing such school to share according to the average attendance of pupils in the " school fund '1 — the 40th section of the statute defining what school moneys should constitute that] fund, although in common parlance the term school fund is frequently used to[ designate school moneys of every kind. ■'' ' ' ' ' The reason and circumstances of defining the school fund in the 40th section of the statute are as follows : In the school act passed in 1849, provision was made for a class of pauper schools. I objected to this provision as irgurious and inexpedient; and in a letter which I addressed to the secretary of the province, dated 12ih Mayj 1849, 1 assigned the following among other reasons in support of my objections :| " The school act authorises any council to raise as large an amount as it pleases! for common school purposes. I have never insisted as the common school fund uponl a larger sum in each district or township than that apportioned out of the legislative! grant Any sum over and above that amount which a council may think proper| to raise may (as has been done by some councils) be applied at the pleasure of such council." I therefore prepared and submitted the 40th section of the act of 1860, to define what I had previously held and acted upon as the true spirit of the I law. And when, within two months after its passage through the legislature, II distributed the act of 1850, 1 accompanied it with a circular to local municipalities,! in which I explained at some length the origin and design of the 19th section, con- 1 cludin<» with the followins: words : " It is also to be observed, that a separate school] Ill ^entitled to no aid beyond a certain portion of the school fund for the salary of the ucher. The school house must be provided, furnished, warmed, books procured, , by the persons petitioning for the separate school. Nor are the patrons and iiporters of the separate school exempted from any of the local assessment or rates r common school purposes. The law provides equal protection foP all classes and ^nominations ; and if there be any class or classes of either Protestants or Roman fcatholics who are not satisfied with the equal protection secured to them in the Jtixed schools, but wish to have a school subservient to sectional religious purposes, ley should, of course, contribute in proportion, and not tax a whole community for libe support of sectarian interests." Such being the light in which I have consir7jred and defined the legal school Ikdin past years; such being the circumstances under which the 19th and 40th Itctions of the statute of 1830 were introduced and passed, I conceive for those as Irell as the other reasons previously slated, that 1 have no right to compel the board lifschool trustees for the town of Belleville to apply the money which you claim, to |tlher school purpses than those which they shall judge expedient. There can be no doubt that had the board of school trustees laid before the llown council an estimate of £90 8s. 6d. (that being the sum apportioned by the Ichief Superintendent for 185"i) to be raised to make up the school fund required by , and then laid before the council other estimates for sums required to support Ik schools under their charge, there could not have been a shadow of a ground on |which to claim for the separate school more than a share of the sum of £180 17s. But if the board did not make this distinction when laying its estimates before ! council, is it not, it may be asked, deprived of the power of making such dis- llinction afterwards ? I think not, and for three reasons. Firstly, a county council Ibefore imposing its school assessment, does not, and cannot in many cases, specify lliefore hand the sums it may require to defray the expenses of objects authorised by Ikw; and boards of school trustees in cities and towns are clearly invested with Imore extensive powers in regard to school moneys than are county councils. Secondlt/, liere is nothing in the statute which specifies the time or manner at or in which the llioard of school trustees shall specify the precise objects to which the school moneys jraised by its authority shall be applied. I think, therefore, that such board possesses ssame power as to the disposal of such moneys afler they have been raised, as it i when laying the estimate for them before the town council. Thirdly, the litaiute gives the town council no discretion as to what school purposes the board pay require the school moneys for; the law making it "the duty of the common I council or council of such city or town to provide such sum or sums in such a Inabner as shall be desired by said board of school trustees." It can, therefore, e no diflference to a town council, or to any other party, whether the board of iKhool trustees does or does not specify in their estimates the objects for which they I require school moneys. 1 observe, from one of the papers which you have enclosed, that the board of I ichool trustees for the town of Belleville, wish the final decision of the highest huthority provided by law on this question. It has now become a theoretical, rather tlian a practical one, as the sum in dispute amounts to only a few pounds, and as the ("Li jk 112 provisions in the supplementary school hill beforo the legislature, will prevent aij further occasion of litigation on the quostion, I should hopn, under such circumstances, that a friendly reference might be agreed upon by both purtios. But with the vievv-J 1 entertain and which I am pursuaded will be ooncuried in by the judj^es when thevi come to consider all the provisions of the law in connection with the whole scop and design of the school system, 1 cannot doubt the legal right of each municipalitv to exercise its own discretion in expending or not expending any school moneys ij may raise beyond the sum defined by the 40th section of the statute to constitute the school fund, for the support of separate schools. I cannot believe that the legisJ lature ever intended to enact such an anomaly as to deprive a municipality (afted having fulfilled the requirements and conditions of the school law) of the power o| raising and expending moneys for school purposes in which all classes are equally protected and interested, unless a proportion of sugh moneys are applied for the pro motion of sectarian interests. .U ,\itv In the peculiar circumstances under which I am required to give a decision on this question, I have felt myself called upon to state my views much more in detaij than I did when it was referred to me last year. I have, &c. (Signed,) '' *'.-un • <; John O'Hare, Esq, > ; ..:i,, [j-u!;. .> j. , Trustee R. C. Separate School, .kTI Belleville. ■ -';, ,• -. JVo. 45. The Trustees of the Roman Catholic Separate Schoolf Belleville, to r the Chief Superintendent. / E. RYERSON. '^■j. Think the de«iaion Ib kept back with intention of delaying legal proceedings. [L.B.1M«,186S.] ;•) '-l-B '«!'v.-; Uv) "I'^tO ! ,^, ., , J., Bbllbville, 22nrf i4/>n7, 1853. I beg to apprize you that no reply having been received to the two lettersi addressed to you on the 29th ult. and the 12tb instant, respecting the difTereDcel existing between the common and separate school trustees here, and in which anl opinion was requested, on the points in dispute; and the separate school tru8tees| having reason to suppose that such opinion has been kept back either through negli- gence or a desire to delay legal proceedings so that no suit could be brought against I the common school trustees at the approaching assizes, they have determined tol memorialize the Governor General in Council, on the subject, and to supply copies I of all the papers, so that a proper understanding of their complaint may be had. Thej complaint will be forwarded to His Excellency so soon as the papers can be copied. I am, &C. ■ .^fMirii.ih'HiA^iH'frh-. tf iyirv>;,i -iv^;.V!r.s:. ,(,„., , (Signed,) T ' '• JOHN O'HARE, Sec'y to the Separate School Trustees. The Superintendent of Education, ' ' Toronto. ftiJf -.lU iii^ .".tt'u iV'iH'yn-Ai. 113 Ly0. 46. The Chief Superintendent to the Trustees of the Roman Catholic ' Separate School, Belleville. The Separate School TnisteM htd already obtained decision regarding school ftind, and the non>productiOB of it in court waa their own neglect. [iro.Ml,H.] 5^ ^' ■■ Education Office, Toronto, 2bth April, 1858. ISIR, After writing, and placing in the hands of the clerk to copy, but before mailing, I my letter of the 22nd inst. I received yours of the same date. I have only to say that yoa have my full consent to present such memorial to His Excellency, as you may proper ; and the grounds of your assertion, that you " have reason to suppose*' I have kept back my opinion on the question submitted by you in order to delay I proceedings against the common school trustees of Belleville, when you know that ( gave you my opinion on the question the 18th February, 1862.* You yourself, in jour letter to the board of school trustees, dated 10th ult. refute your own statement to me in your letter of the 22nd instant. You state in your letter to the board as follows : " You are of course aware that the decision of the Chief Superintendent \ms obtained before we took legal proceedings at all, and that it was only an over- jight in not supplying the court with the correspondence."t You here admit that the decision required by law had been given by me, and that lyonrown " oversight " was the cause of its not being made use of in your legal proceedings ; and nOw you venture to assert that I have delayed an answer to your letter of the 29th ult. in order to prevent you from taking legal proceedings against I die board of trustees! I have your own statement to refute your own imputation. I may also observe that I have a number of letters and cases on hand, prior in I date to yours, which I have as yet been unable to dispose of, and among these a lengthened reference from the Provincial Secretary, dated 10th March, numbered 1670 among the letters received at this department since the 1st January, while I yours, dated the 28th March, is numbered 1334. In the accumulated and onerous duties of my department, if I cannot dispose I of all the communications made to me in the order of receiving them, I must be the judge as to which should claim my first attention. And I have complied with your request, before it was entitled, in order of time, to reply, and when, according to your own statement, there was no legal necessity for it, but only professional skill I or attention wanting on your part to use the decision already in your possession. 1 may add that however insulted and assailed by individuals, I hope to be able I to do, as I have heretofore done, act with perfect impartiality to all sects and parties I in the discharge of my offieial duties. "■''^ ' I have the honor, &c. ■ • '"'^'' ; (Signed,) I John O'Hare, Esq., Trustee K. C. Separate School, •ouivrV'^ E. RYERSON. ai .»)U'»i!' •M'Vti'lifi^ 'imik^,.j- • Belleville, r*'- «*•' '^^ ti ,i..U ) ■fUSV- 1 ■ * See CorreBpondence laid before Parliament, 1862, page 89. t See Enclosure No. 2, in letter No. 42 antt, page 108. ■V/s>^'J»': •'* 114 JVb. 47. TTie BeUeville Board of School Trutteei to the Chief Superintmdentl Bnolotlog « copy of the Judgment of the Ooort of Queen'a Bench In the mm of the Romen Oathollc Sepenu School. Bfu.BviLiiB, 9th Aprilf 18S3. I^VBREND SlJR, I '• The trastees of the Roman Catholic separate schools have communicated to th(l board of school trustees, Belleville, their determination to commence proceedings al law for the recovery of their claim to arrears, alleged to be due to their teacher, i the body last mentioned have appointed me their solicitor to defend the action. The secretary of the Roman Catholic trustees, Mr. O'Hare, has informed m^ that he has sent you an extract from the judgment of the Queen's Bench in th(| matter of their application for a mandamus, together with copies of the renewe demand upon the board, for the amount claimed for their teacher, and of the board'i^ resolution thereon. ..ic As it may be that the extract discloses only so much as will sustain a favorably view of their case, I think it desirable to put you in possession of the entire judgmenti delivered by the Chief Justice, so that you may have the full benefit of his com ' ■ > • ' '''^ I have the honor, dec. (Signed,) 0. O. BENSON. *To the Rev. Dr. RVERsoM, ''' " Chief Superintendent, &c. &c. ' i ; .i'' ^f 'Toronto. '- -'- ' ''■■^-■■- --^'-nr: .'• ■■ In re Trustees of the " Roman Catholic School of Belleville, versus School Trustees of Belleville, 359. Inihff Coutt of Queen's Bench. Richards, in last Term^ obtained a rule on th school trustees of Belleville, to shew cause vrby mandamus should not issue commanding theip to paytd the trustees of the separate Roman Catholic school (X tw town of Belleville, or to give an order to the trustees of thd sejiarate Roman Catholic school upon the treasurer of thtf town for the sum of £50, tovards payments of the salnry of the tpflohor of thfis^ii lift leparate Roman Catholic school, for the pret nt year, or the sum of £46 lis. 9d., being the share to which the said separate school was entitled of the sum of £lOO of the common school fand of the town, paid to the teachers of common schooh Ibr their first half year's salaries for the present year, or the sum of £40, being the share of the said £200, to which the said school was entitled, or such other sum as this court may think said separate school entitled to. This rule was served on the I secretary and chairman of the board of school trustees. Before moving for the rule the trustees of the Roman Catholic school had I Hrved a written demand upon the general board of school trustees for Belleville, requiring the board to pay them for their teacher a proportion of the £200, school oumies paid by them to the four teachers employed by them for the first six months of the year (1852,) according to the average attendance of scholars at the said sep- irate school, taught by one Mason for the said six months, as compared with the average attendance at all the other schools, during the said period, specifying the I averages of the several schools, and shewing thereby a claim for Mason's school to ) sum of £60 143. 8d. Or to apportion the £200 among the four common schools, and the separate I lohool teacher, in proportion to the average attendance of scholars, in which case I £46 1 Is. 9d. would be the sum to which such separate school is entitled. It is shewn that the board of school trustees for Belleville, estimated fo^ I £672 14s. lO^d. for the part of the year 1852 unprovided for, and called upon the town council to ri^ise that sum by assessment for conunon school purposes for ]852, I which sum was by the council directed to be raised. This sum was For four teachers , £300 ' '^ Improvements to school houses £140 Improvements for ventilation. £ 75 I With other items for rent of school houses, maps, and apparatus, and other contin- gencies. And this sum was, in addition to £189 7s. 10^., estimated for at another time I Id the same year, for similar purposes : the two sums amounting to £861 2s. 9d. It was sworn in answer to this application, that for the year ( 1 852) there was appor- I tloned by the Chief Superintendent of Schools to the town of Belleville £90 8s. 6d., and the like sum raised by local assessment for the purposes mentioned in the 40th section of statute 13 &. 14 Victoria, chapter 48; that on the 9th November, 1862, the trea- rarer paid to one of the trustees of the separate Roman Catholic school, upon the order of the board of trustees £21 13s. 4d., as and for an apportionment and propor- tion of the school fUnd of 1852, due to the teacher of the separate Roman Catholic Khool, fbr his services during the first half of that year; and that the said trustee ttcepted the same ; that according to the statement made by the trustees of the Itoman Catholic school, in their demand served upon the school trustees of Belleville, the average number of scholars attending the common schools for the year, was 326, od those attending the separate Roman Catholic school 99, in all 425. That dur- ing and for the year 1852, there was apportioned by the Chief Superintendent of Schools to the town of Belleville £90 8s. Gd., which with an equal sum raised by assessment makes £ 180 17s., which sum the school trustee- c< nsidereil to be and Hi # V; •i ':'■ f| lir. :-!i!j |:fl r\m^ 116 are advised by the Chief Superintendent that it oonstitutes the eohooi fond of the town out of which the teacher of the separate school should be paid in proportion! to the average number of his scholars and the average number of the iicholurs of the eommon schools on the 1st July, 1852; that such proportion was estimated by the I school trustees to be for the half year £21 Is. 8d., which sum they have paid to tbe| Roman Catholic school trustees, and rather over, viz. £21 8s. 4d. Vankoughnet, Q. C, shewed cause— "t»"ii ^mIm- Chibf Justiob Robinson. — The learned counsel employed in this case have been I very industrious in dissecting and comparing the various provisions of the commonl Achool act, and have argued on both sides very ably, but I think without much I confidence that the court would be able to bring themselves to any perfectly clear I and satisfactory conclusion upon the question of what should be taken to constitute! the fund in which such separate Protestant or Roman Catholic or Colored school! is to share under the )Oth clause of the statute IStb and 14th Victoria, chapter 48. We must remember that this is an application for a mandamus to compel tbel school trustees of Belleville to make a payment to the trustees of the separate Roman! Catholic school, of something which according to some of the alteratives in the rulel would be in addition to the sum which the average attendance of pupils in the school} would shew them to be entitled to under the 10th section of the act, as the due| share of each school out of the school fund, unless we take the words " school fund,"} userl in the lOth clause, to comprehend something more than in the 40th clause isj described as constituting the common school fund of the town, that b to say <*ths| sum of money apportioned annually by the Chief Superintendent of Schools to eachl county, township, city, town or village, and at least an equal sum raised annuallyl by local assessment for no other purpose than that of paying the salaries off qualified teachers of common schools." If we should issue a writ as prayed commanding the desired payment to bel made, it could only be because we see it to be beyond question that it is the publicl duty of the school trustees to do what has been demanded of them, and what theyl have refused to do. If the least doubt remains on our minds as to the proper con-l stitufion of the statute in this respect, it would be wrong to grant the writ, becausel when granted it must be obeyed, and we must take care not to place any one inl peril of a contempt for refusing to violate an act of Parliament. I think in order to form an opinion upon the question, it is material to considerl the following sections of the act, 12th, 9th sub-section, and the 2nd head of the 19th| sub-section of the same clause: also the ISth, 10th, 24th, sub-section 6; 27th, 35thJ sub-section 5 ; and 40th, 45th ; and I have some doubt whether the 35th sectionj part 5, does not make the Chief Superintendent the proper tribunal for determining all claims upon any part of the school fund : Unless what the present applicants desire to share in forms part of the « school fund," it is quite clear they can have no light under the 19th clause of the statute to share in it. If it does form part of thd ^'school fund," then the 35th clause provides that the Chief Superintendent is "t decide upon all matters and complaints submitted to him which involve the expen tare of any part of the school fund," and the applicants before they come to this courtl 117 with any complaint, should at least be able to shew timt thny have submitted their elum to him, and that he has refused to entertain it ; for a mandamus is the proper (tmedy in those cases only " in which a party hath a clmr right tu have a thing done jud hath no other speciflo means of compelling its performance" — (8 East. 210.) i It does indeed appear by the papers before us tl it the Chiei Suporintendent has I been referred to by the general board of trustees on the subject, and that hi§ opinion bs8 been obtained, but it is the parties complaining who should first submit their complaint to him in a formal manner and ask for redress. Whether his judgment hiven upon such a complaint would not be final, is not a question at present before Di. We must assume that all parties desire only what is right, though they may differ in their opinion upon the effect of the statute. I own for my own part that liind it no very easy matter to satisfy myself as to what the legislature really did mean in regard to the point which has been discussed before us, and the difficulty, Idare say, has been occasioned as was hinted in the argument, by the 10th clause having been inserted in the act during its passage through the legislature by some pntleman who did not, and could not perhaps under the circumstances, take the time and pains necessary for adapting the other provisions of the act to its reception. Under the doubt which at present surrounds the question, and considering also the provision which refers all parties in the first place to the Chief Superintendent with their complaints, I do not think we can grant a mandamus, but if it can be of any me to state the impression which rests upon my own mind after a consideration of the statute, I have no objection to say, that I ttiink as the act now stands what a Mparate school established under the 10th clause is entitled to share in, is the sum apportioned by the Chief Superintendent out of the government grant, and the sura which cannot be less but may be more which has been raised by local assessment to meet that grant, raised I mean jor payment of teachers generally, and not upon an estimate for any specific purpose. -i ; iiituni^ n » ,.,; ,, , r.-^j,,,. I cannot make out quite clearly without seeing more than is in the papers before I M, whether the school trustees did or did not estimate for more than a sum equal to the government allowance to form a fund for paying their common school teachers generally. If they did, then it seems to me the Roman Catholic trustees had a claim to share in the whole of such sum added to the government allowance, according to I the average attendance of pupils at their school. For the reasons I have given I think the rule for a mandamus should be I discharged, but not with costs. JuDOB Burns. — In my opinion the application on the part of the trustees must I fail, because they are not the parties who by law have a right to the money appropriated to, or that should be appropriated to the separate school. — The application is made as if the school trustees were the parties to receive the money and deal with the teacher they may employ ; I do not think such is the construction of the act. The 10th section, in providing for separate schools I ays, " that each such separate school shall go into operation at the same time with alterations in school sections, and shall be under the same regulations in Inspect to the persons for whom such school is permitted to be established as m ?.' 'A vl 1 1 .- h 119 are common schools generally." The trustees would seem to understand the pro* visions of the legislature in the light of applying to their school because the teacher I they employ has qualified himself to teach by an examination and by having obtained the necessary certificate. In this respect, they were I think, quite right, but at the same time, their school was subject to the regulations which the act provided for as to others. Under the 8th clause of the 24th section, the duty of the board of trustees is to give the teacher ordei-s upon the treasurer, for the sum or sums of money which shall be due him. In the case of schools in townships, the trustees of the school sec- tion divisions give the order to the teacher upon the local superintendent — ^vide clause ti, of section 12 — and the local superintendent again gives orders to the teacher upon the treasurer — vide clause 2 of section 31. Whichever way the school trustees are constituted, whether in an united board, or in school section divuions, the money duo to the teacher does not pass through the hands of the trustees, and there is no difference in this respect between the separate schools and the common schools generally. We could not, therefore, direct the money to be paid to the trustees of the separate school, for the teacher is the person entitled to it, and it is he to whom any order must be made. I quite agree with his lordship the Chief Justice also, in thinking that, supposing the application could be entertained on behalf of the trustees of the separate schools, yet before it could be granted it must be shewn to us th&t every other remedy has been tried and has failed. It is the duty of the municipality to appoint annually a local superintendent. This officer is quite independent of the board of school trustees or the trustees of school section divisions, being elected or chosen by another body than that which elect the trustees. By the 7th clause of section 31, a portion of the duties of this officer is " to decide upon any other questions of difi!erence whieh may arise between interested parties under the operation of this or any preceding act, and which may be submitted to him; provided always that he may, if he shall deem it advisable, refer any such question to the Chief Superintendent of Schools; provided also that any aggriever* or dissatisfied party in any case not otherwise provided for by this act, shall have the right of appeal to the Chief Superintendent of Schools."— Then again, in enumerating what the duties of the Chief Superintendent shall be, it is by clause 5 of section 35, enacted that he shall " see that all monies apportioned by him be applied to the objects for which they were granted, and for that purpose to decide u .on all matters and complaints submitted to him (and not otherwise pro- vided for by this aci) which involve the expenditure of any part of the school fund." I do not define how or in what way the application should be, whether to the local superintendent in the first instance and then by way of appeal to the Chief Superin- tendent, or whether it may be made in the first instance to the Chief Superintendent; but I have quoted the duties of both officers to shew that the legislature has {provided a domestic forum for questions to be determined. Is the present case then a point which may be brought before the Chief Superintendent ? it may be said that it is purely a legal question, and that the legislature did not mean such to be determined by an officer who perhaps might not be versed in legal distinctions. That argument is, however, answered by the fact that in the 18th clause of section 12, and in section n, the legislature has provided for certain differences and disputes, and of a char- 1,19 Lter too, which may involve legal considerations to be disposed of and determined. ijr arbitration. The question then is whether the case comes within the temos, Igf clause 5 of section 35 ; and I think it does. In such a case as the present it Ifould be quite competent for the trustees to complain to the Superintendent that llbeir teacher was paid differently from the fund than the other teachers, and so they Inald obtain his decision. That decision might be against a party who notwith- Istaacling had a legal right, but then it would not be final, or the board of trustees light think it wrong, and thus, by resisting, take the opinion of a court of law as the construction of the act. There may, however, be no necessity to go to '& Itourt to obtain an opinion, because the decision of the Superintendent may be licquiesced in by all parties. It appears to me, looking at the whole scope of the Itct, that it was supposed the affairs of the schools might be managed by means of lirbitrations and references to the local superintendent and the Chief Superintendent, Ivithout troubling the courts. As it has been desired by both parties, I have no objection to express an opinion lipoa the point in issue between them as to what constitutes the school fimd. The lichool fund is, I think, not only the sum granted by the legislature, and the equivalent Ifflm raised by the municipality, but also Whatever beyond the equivalent sum the |iiiar.icipality shall think proper to raise for the purpose of paying teachers. The Iwhole money so raised, together with the sum apportioned from the government Ijrant, forms the school fund. JoDOB Drapeb, concurred. '-y ^^i-- •« '-J^'sw ^ Rule discharged. m. 43. The Chief Superintendent to the Belleville Board of School Trustees, ; Enclosing copj of decision relative to the claims of the Trustees of the Roman Catholic Separate School. l|Iftia(),H.] \h EnucATioM Office, Toronto, 25th April, 18bS. I have the honor to acknowledge the receipt of your letter of the 20th instant, letclosing a copy of the opinion of the Honorable Chief Justice Robinson, on the case lofthe trustees of the Roman Catholic separate school vs. the board of school Itru3tees for the town of Belleville, and requesting me to furnish you,- for the infor> mtion of the board, with a copy of any opinion I might give to the trustees of the iRoman Catholic separate school on the question at issue. As T had given an official opinion on the question, in a letter addressed to Mr. [John O'Hare, secretary of the Roman Catholic trustees, dated 18th February, 1852, |(acopy of which was furnished to your board) I was under no official obligations Itogive a second decision; but, under all the circumstances of the case, I determined Ito reconsider the question and give, at length, »ny final conclusions as to the provi- I'ions of the law and intentions of the legislature, respecting the import of the terra 120 "common school fund,** and the powers of municipalities in the application of] " school moneys." I herewith enclose you a copy of a letter which 1 have addressed to the secre- tary of the trustees of the Roman Catholic separate school, in the town of Belle- ville, on this subject.* I have the honor, &c. (Signed,) E. RYERSON. C. 0. Benson, Esq., ,, , ,, . oecretary Board of School Trustees, Belleville. . .'■' ..i^ i.i .it u. JVo. 49. j,.^... The Belleville Board of School Trustees to the Chief Super- \ intendent. V Subscribers to the Roman Oatholic Separate School prefer sending their Children to the Public Schools, | and desire to pay Public School Taxes. [L. B. 2816, 1803.] Sir, ^1 ;.tniv;;:q \ I BxLLEViLLE, S^tembeT 20th, 1853. We have in this town a separate Roman Catholic school. A considerable I number of persons of that denomination have opposed a separate school, and have sent their children to the common schools. The names of several of these persons are upon the roll returned by the trustees of the separate school, as subscribing towards the support of the separate school. Our board instructed their teachers to exclude the children of all parents whose names appear on that roll. Several parties affected by this order have appealed to the board, stating that what they subscribed to the separate school was intended merely as a donation ; that they were not aware that they were identifying themselves with the separate school, or that they would thereby exclude their children from the common schools. They wish to send to our schools as heretofore, and to be taxed for the sup|)ort of common schools as formerly. Some of them say distinctly they will not send to the separate school, and think it hard that their children should be turned into the street. The board wish to know whether they can legally admit the children of such parents to their common'schools, and whether these parents can be taxed for common school I puiposes. The board would feel obliged by an early reply. ; T/ , ,\.. ,,. ' ? »i 1 Your obedient servant, ,.,.<.»:-.. (Signed,) RUFUSHOLDEN, Secretary B. S. T., Belleville. The Rev. E. Ryerson, D. D., ' Chief Superintendent of Schools. .Vr-' * See preceding letter No. 44, [So. 245, H.] pages 106—112. 121 11. ■ il4'i).MO, I.] 4;*/'«*SI^(* ! CiltTl •'! .,:i.«ilk>.^ .I'll t u v |SlB, • , I have the honor to acknowledge the receipt of your letter of the 20th instant, land to state in reply, that although you are not prohibited from permitting the I children of persons supporting a separate school to attend the schools under the Icharge of your board; yet by the 13th clause of the I2th section of the school act lof 1850, you are not required to admit them, and by the enacting clause of the 4th KCtion of the supplementary act, you have no authority to tax their parents. What- ever may have been their intention in subscribing for the support of the separate school, they have put it out of your power to tax them for the support of the public free schools. If they cease to subscribe to the support of the separate school, or if they will signify in writing, that what they gave to the separate school was a dona- tion and not a subscription, as contemplated by the 4th section of the supplementary act, and that they claim to have a right to send their children to the public schools, and consider themselves liable to pay the public taxes for their support, then you can retain or place their names on the tax roll and admit their children as heretofore to the public schools. But if you attempt to do so without such a declaration in writing on their part, leaving the payment of the rate by the persons to whom you refer perfectly voluntary, you will render yourselves liable at any moment to a complaint of oppressing the Roman Catholics, and perhaps expose yourselves to legal proceedings instituted by them in consequence of your levying and collecting such I rates. ivjoft^''' \o \^\mi\ -^uvvsu^a. liV! (>S \r'i5) --x: -.. W/. \<\y \ •.^\ f\. . I have the honor, &c. 3 , (Signed,) E. RYERSON. RuFus HoLDEN, Esq., M. D. Secretary Board of School Trustees, Belleville. "rr* • '(.'i .,-.,,, ,^>;^v{ ,^,xi^y. Mo. 51. The Belleville Board of School Trustees to the Chief Superintendent. Supporters of the Itonian Catholic Separate School eend Children to the Public Schools, although exempted from Public School rates. Belleville, ZUt January, 1854. jj, Reverknk Sib, At the request of many of my fe'low townsmen, I consented to be appointed a school trustee. The trustees at their meeting have made me their chairman ; and a question has come up, with reference to the Roman Catholic separate school, upon which I should like to have your opinion. '1 I ii ' ^^ m ill ^ 182 According to the 4th section, chapter 185, 16 Victoria, the separate school has to make ita return on the 80th June and Slst December. Arrangements entered | into on the 1st January are, consequently, six months old before we have any know- ledge of the fact, by which means, children of Roman Catholic parents who have subscribed to the separate school, can be sent to our common schools, and when we obtain knowledge of the fact, we are deprived of all power to compel payment, be- cause their names cannot be included on the collector's roll. I observe that the same section provides that the exemption shall not extend beyond the period. &c. This, in the opinion of the board, id wrong. Some contend that the last six months return must govern the succeeding six months ; I cannot so read the law, and would therefore like to have vour oninidn. We propose making an order compelling parties so imposing on us, to pay in pt>oportion to the period and according to the tax to which each would be liable, if not exempted. We, of course, must protect the common schoolis, and we find no other means of doing it, untU the law shtdl be amended. May I solicit an early answer ? r.h *MM ^., Rev. E. RvBHSOM, '' ' * ^ Chief Superintendeht I have the honoi^ &c. -i- -:■! (Signed,) G. BENJAMIN, Chairman Board School Trustees. ' Belleville. !-(*ini! JVo. 52. The Chief Superintendent to the Belleville Board of School Trustees. Supportera of Separate Sohooh bear the game relation to the Free Public Schooli of a Municipality aa non. retidenta. [Na4HK.] Sis^ ,!'..- Education Office, Toronto, 24f A January, 1854. I have the honor to acknowledge the receipt of your letter of the 21st instant, and to state in reply, that f do not see any obscurity, or any room for doubt, as to the intention and fair construction of every provision of the 4th section of the sup- plementary school act, and especially in connection with the corresponding provi- sions of the school act of 1850. ,^, 1. As the assessment to meet the apportionment from the legislative grant is made after the first of July, it is clear that that exemption of certain parties from being included in that assessment, is based on the return made to the local superin- tendent for the six months ending the 30th of June. But if the municipality should isa lliry an assessment after the 1st of January, then the return to the local superin- liendent, ending the 31st of Ueoember, would be the basis or criterion of exemption. If hether, therefore, the assessment to make up a sum equal to the sum apportioned lloni the legislative grant, be made during the former or the latter part of the year, liliere can be no difficulty in ascertaining who are to be exempted from its payment lOf those to be exempted, there are two classes, the one, who subscribe a certain sum llorthe support of a separate school, but do not send to it; the other, who both sub- licribe and send to it. But in both cases the persons exempted must be of the reli- jjious persuasion oi the separate school. 2. Then as to the board of trustees being imposed upon by separate school jfupporlers, sending their children to the common schools without paying for it ; — need not be so; since the board is under no more obligations to admit to their lichools, the children of parents supporting a separate school, than they are to admit lilie children of parents residing out of the limits of the town. See the proviso in libe 13th clause of the 12th section of the school act of 1850. If the board admits, lis pupils, the children of non-residents, or of parents supporting the separate school, lit does so voluntarily ; and does not thereby acquire any right of taxing the property lofeither party. If it admits such children at all to its schools, it can impose, as a lioodition, the payment of any fee per month, or per quarter, it pleases, and can, if lit thinks proper, require the payment of such fee in advance ; but it cannot levy any |nte on their property. The trustees, therefore, have ample means to protect themselves from being limposed upon, either by parties residing beyond the limits of their corporation, or |liy parties supporting separate schools. ,a i^t\) ^i>£r I have the honor, &c. ;yu;^v;,^^n,nol ., (Signed,) E. RYERSON. , Benjamix, Esq., Chairman Board of School Trustee^ <:',,;;. ,f ,( ,,<.v,.;i ,. .; Belleville. vsii^-v ■■^ Mt; ;■ 'i ■ i ;.-ifr'- .f ,f';:;f .o^.';' r,il• r,„„ ■.■•u;~ nX '. Vfo 53. 77^ Trusteea of the Roman Catholic Separate School^ Belleville, to the Chief Superintendent, v ", •I.. ,H.. tl) For School Docnments. •** <-il. ' i ' Belleville, 23rrf Ma^, 1854. |II.a.!A19,18S2.] I $11, The separate school trustees in this town, have frequently applied to the local Imperintendent for one or more school registers, in pursuance of a notice contained h\\i& Journal of Education ; and also for a copy of the /ourna/q/'£c/uca■ •< .•'^.*-*-i-y'> .•.» ■ ii-i'.rf^^t,^--,^ijin4; \ti •!'.' ,iK^i^l.iv^x'^ ivi • _^ -^ r ;■ .7i.>ilU)('f •••<■■■ • - ■ ' ■ij[fi 'Jiij \ ' (Signed,) '«ti>i* Jte''^ JOHN O'H ARE, !;.„,!.,, .,t;-)«'.f • ■■ ' ' r» . ^°® °^^^® Separate School Trustees ,, , and Secretary. The Rev. 4 The Chief Superintendent of Education, rt Toronto. . ^, JVo. 54. The Chief Superintendent to the Trustees of the Roman Catholic] Separate School, Belleville. School Documents are famished to Common and Separate Schools alike. ''^''''' ' LNo. 1136, L.] •tl/r. ifi , ;!' ,'•'!( Education Office, .VKy!>;f!' f!^,.- ,.-! ■'^. ...■ .• «*M Trustee R.C. Separate School, !■., vv, v UM-il 5; ..jo*.; ;.i -i» i ^i ,■:,• >• i-n ? w •ife. ,'•• Belleville. ., l-"; i>-;>; !t;;. . i:'^A->y ^' ' ' ' I .,, \fH^-■■■_■\■lq'^ ;>s.> 'ii !-rj-,:Ci- :'>!•:■.' >■:' !i•;/^j^)lli- 125 ent informs us I Town of Brantford. •' i iwqtlln* •yt; IXo. 55. The Local Superintendent of Brantford to the Chief Superintendent. }man Catholic] Certain Roman Catholics of the town have organized a Separate School. I [LB. 2227, 1863.] Brantford, July 6, 1858. I Sib, Can you favor me with a copy of the school act of the last session ? The I Catholics here have organised a separate school, and sent me in a report of the number of pupils that have attended their school during the last months. I am in [doubt as to whether their organisation of this school has been legal or not. Hence, if you can spare me a copy of the recent act, or a copy of the Journal of Education I containing it, you will oblige me much. ■|>ci'-' 'it- i:»vt*«i,- -'.ir sii I am, &c. " "-•'• •**'!(■$ «^tj*«Kfnj (Signed,) W. JOHNSTOINE, hfi ofii .•<>if>}(''iHv.f>.i!ft8 'srii vcfr; m'^! Supt. of Schools in Brantford. I Rev. Dr. RvKRflow, ^h■^pi^\^t\t^ /. .^,; ,.>.;.i ..,.;..„, ,.,.- .,, ,„,*,... Chief Superintendent of Schools, fMiii iju;) i(ra,(v'i !i> -r <■ • Toronto. • May, 1854. l.iYo. 56. The Chief Superintendent to the Local Superintendent of Brantford* LJfo.e3,L] Sir, ProTisions of the law relating to Separate Schools. Education Office, ■ ''" Toronto, iSth July, 1853. •)■•{' I have the honor to acknowledge the receipt of your letter of the 6th instant, I and to state in reply that a copy of the Journal of Education containing the supplementary school act has been sent to your address. No separate school can be established except according to the provisions of I the 19th section of the school act of 1850. When once established, however, according to law, it must be conducted as provided in the 1 9th section referred to, I and the 4th section of the supplementary school act of 1853. I have the honor, &c. (Signed,) E. RYERSON. W. Johnstone, Esq., Local Superintendent of Schools, Town of Brantford. .(•>*i-(:j':;jy/^ . .?»4;^{ .:-*lt,/'»^^j!'f^^■''■ fit; » 'tu 'iir N1 V r r % 1* it i !l I 111 'If- I it '^ /!' I' J 136 JVo. 57. The Trustees of the Roman Catholic Separate School^ BrantJordX to the Chief Superintendent. ProoMdings relative to the ettabHahment of a Separate Sohool< /••• D^. B. 2731, 1SS3.] , . ... .^ To the Chiif Superintendent of SchooUfor Upper Canada. The petition of the board of school trustees of the separate school of the town of Brantford,— Humbly sheweth— That a school was established by Roman Catholics, in the town of BrantfordJ in the month of November last, for the education of the children of Roman Catholicaj " ' ' HiAt it was considered advisable at that time to postpone taking the necesaar steps to have the limits of the said school defined, as well as to defer the election o^ trustees till the looked for action in the matter of common schools was taken bv the legislature. That from the time of the establishing the same, (hitherto) the said school hasl been in operation, having been supported wholly, or chiefly by the voluntary cou-f tributions of Roman Catholics. That in pursuance of the common school act passed in 1852, in the months of] December and June last, returns of the names of the contributors to such schoolJ the number of pupils who had attended the same, and of all other particulars| required by the said act, were made ; an election of school trustees was held in i month of June aforesaid, and the limits of the said school were set out as required| by the said act. That in the apportionment of wihocA moneys for the present year, no moneysj Mrere allotted to the said sehool. Your petitioners would therefore pray that you would be pleased, under the! authority vested in you asChief Superintendent, to apportion to the said scboolj such a sum of money as ih your discretion you may deem just And your petitioners, as in duty bound, will ever pray. ■(". (Signed,) (Signed,) irihl '1 Dated at Brantford, 13th September, 1853. THOMAS DALY, Chairman of Board. JOSEPH QUINLAN, Secretary. 197 te school of thd ear, no moneys I \Xo.5S. The^ Cfnef Superintendent to the Truateet of tke Roman Catholic Separate School, Brantford. n(i |[yo,sn,L) ;. J"-. Oeneral'provbloDS of th« law relating to Separate Sohoola. Education Office, Un 1 Sit, w'r.v ■/■'UI '■■'•' I I Toronto^ I5lh September, I85d< I have the honor to acknowledge the receipt of your communication of the 1 13th instant, and to state in replj, that with the information which you furnish, I cannot express any opinion as to the claims which you make to share in the common jichool fbnd for the current year. Vou state that an election of trustees for the separate school was held in June, I yet that the separate School was established in November last. By referring to the 19th section of the common school act, you will perceive that the formation of a school section and the election of truitteea must precede the establishment of a leparate school. According to law, no school, either as a common or separate Khool, can have legal existence or share in the common school fund until after the formation of the school section and the election of trustees after public notice as required bylaw. Any school, otherwise established, whether by a religious per- suasion, or by private enterprise, must be regarded as a private school, and cannot I ihare in the common school fund. If your school therefore was organised according to law, before the commence- Inent of the current year, it has a right to share in the current year's common I ichool fund ; not otherwise. The 4th section of the supplementary school act makes no change in the I node of establishing separata schools; it changes only the mode of supporting thetn, and grants certain exemptions to parties supporting them when established |»ccordingtolaw, i . ;o i ^,j ...u I .: M I have the, honor, &c. ?, : (Signed,) E. RYERSON., !ji'^ I MjT. Thomas Daj;.y,. •. ,.•.,.., ..,.,,,_ ,, ■, ,.;, Trusteett R. C. Separate School, Brantford. i!-i"> C'i !>; 'fi.' ■J. . ff ! i: i<- <'. IkOa <1 h ... |JV0.59. The Local Superintendent of Brant fotd to the Chief Superintendent* Whether a certain report of the Separate School meets (he requirements of the law. [La. 507,1864.] - ' r-l > ' . ti 'i:'i\ . ■•{ 1 Brantford, February 4th, 1854. Some time in last month t received from Messrs. Joseph Quinlan, M. FennHsijr, wd Thomas Daly, "trustees of the separate school" here, a document dated •'25th ''f D(»"-mhRr. l«rif?." setting: forfh th« "average" attendance of pupils, but not ■•.,?::;' ;i!'* :i 128 giving the names of the parents or guardians of the pupils, as required by the supplementary act- This document they oall their <^ report,** which, in my opininJ is not only defective but u^eleiis. Again on the llth or 12th January, I received a report to the effect that the Rev. T. Ryan ani Messrs. James Smith, and William Murphy, had been chosen trustees of the separate school for this year. Having omitted to state in their reporiJ the names of the parents or guardians of the pupils, I do not consider the reporll referred to of any value, though in this decision I may be wrong, and would feel] obliged by hearing from you at your earliest opportunity. I have the honor, &o. (Signed,) W. JOHNSTONE, Sup. C. S. Town of Brantford. 'Ui'T,' I HI' :; r iv Rev. E. RvERsoN, D. D., Chief Supecintendent of Schools, Toronto. .1- Ki^'tt; upUi-ui JVo. 60. The Chief Superintendent to the Local Superintendent of Brant fordX •jnwt iur»,!'j;» hjS. The second provbo in the fourth aeotlon of the Supplementaay School Act dcBoribes the return requ!red| from Separate Schools, [No.620,KJ ' .* f ., ^ (,,„;, ,,^ .■S*ii, rri '*^tl.!;'i'.) 'ii\ it'^vfr-'t l'-.'^ li.-;iV-». •:. EducaTIOH Ofpice, ,.„. a.k ^aj ^i"' r^vV ^ f" • '"ft' ''' •.1> «i ; eMi Toronto, WA February, 1854. Sis, '"'''■ '■•■■'>'''■ I'ji'. '••'*l;.( nj MU<.';.nt"i.; -j ulivv 'Kiiri' ii/iii jfi: I have tb^ honor to acknowledge the receipt of your letter of the 4th instant,! and to state in reply that unless the report of the separate school to which youl refer contains all the information required to be furnished local superintendents byl the second proviso of the Iburth section of the supplementary school act, you are I at liberty to reject it. If it does not contain the names of the supporters of the! school, it will of course be impossible for you to furnish those names to the townl clerk and board of school trustees with a view to exempt such persons from schooll rates, as contemplated in the same section of the supplementary act. Until such list! is furnished the clerk and board of school trustees, no exception can be made in | levying such rates. ,i^j., .. ,^, ,,„^,.„|.,.„vi -^^.^^a -ja ■{-.-, ^ .,c,..j .^;Ai'-.*«, w^-rf^ - I have the honor, &c. „iwr ti., a (Signed,) E. RYERSON. W. Johnstone, Esq., y, ,y,-i\ fv •.•;>:."■; ' •'j-i.-.r.-i ^h,.! h, wtiit g;r,c3 Local Superintendent of Schools, - ;. V '' j - ;• ■ . vVfifV; ' Town of Brantford. . • . < ; ' 120 the return required! |Ao. 61. The TnuteeB of the Roman Catholic Separate School Brant/ord, to the C^f Superintendent, yMij to mtko Ntura of attandanot.— Th« mauiiog of "amount lubMribad" in tha Baparata Sobool ratura. |[LK.aMl.U64] Br AHTPOBD, 39/A /une, 1854. iRiv.SiB, I am directed by the trustees for the Roman Catholic separate school of this Itown, to inform you that their late teacher went away to the States without the jtmstees being aware of it, and took the school books with him, which will deprive ) trustees making their report for the six months; unless you will be kind I enough to take the average attendance since our former master went away, and allow in proportion. The local superintendent for this town furnished the trustees with a blank form to have it filled up ; there are two columns— one marked amount subscribed, the other, amount paid. Does it mean amount subscribed by taxes, and amount paid mean what is paid out of the taxes ? Please to inform me at your I earliest convenience, and much oblige, Your obedient servant, (Signed,) I Rev. Dr. Ryebsok, Chief Superintendent of Schools, Toronto. JOHN COMERFORD. wr JVo. 62. The Chief Superintendent to the Trustees of the Roman Catholic Separate Schoolt Brantford. An approslnatioa to (ha attandanea will ba accepted on account of their preaant difflcoltiaa.— Biplanation of haadinga of the return. Education Office, Toronto, \Oth Jultf, 1854. Sii, I have the honor to acknowledge the receipt of your letter of the 20th ultimo, and to state in reply that the average attendance of pupils at school cannot be ascertained without a knowledge of their daily attendance, as the former is the computed aggregate of the latter. If you have lost your school register you must make the best approximation to the facts in your power, as do the trustees of other Khools in like circumstances. ^> S. The "amount subscribed" in the column of the blank return, means the unount which each supporter of the separate school, and of the religious persuasion ■i^t. )S0 of luoh school haa to give towards its support. And the column headed "amount paid," is intended to include the amount which has been paid by each person named, during the six month% in support of the separate school, whether by sub- scription or rate. I have the honor, &o. (Signed,) E. RYERSON. Mr. John CoMBaroBD, Trustee, R. C. Separate School, Brantibrd. jyo. 63. The Ihistees of the Roman Catholic Separate School, Brant/ord, to the Chief Superintendent. L R. W, 1854] For their ibaM of the LegiiUtive Sohool Omni BRANTroRD, Ut SepUmbert 1854. iRxv. Sir, As secretary to the board of trustees for the Roman Catholic separate school j lin this town, I am directed to inform you that we have applied several times to tlie town treasurer for our portion of the government money which we consider ought to have been received long since; our teachers pressing us for their salaries, and ihaving no means on hand, we feel obliged to apply to you for our apportionment of said money. .1 remain, &c. (Signed,) . JOHN COMERFORD, Secretary. Rev. Dr. Rterson, Chief Superintendent of Schools, Toronto. JVb. 64. The Chief Superintendent to the Trustees of the Roman Catholic Mj^ .^ Separate School, Brantford, lfo.1737,31.] :tStt, Grant will be paid on receipt of Treasurer's Returns for lut year. Education Officiv Toronto, 5th September, 1864. I have the honor to acknowledge the receipt of your letter of tfaie Ist instant, and to state in reply that the treasurer of the town of Brantford has not yet trans- 131 nitted the returns required by law, of the expenditure of the lait year's money, so that none of the schools in that town huve received any portion of this year's school I grant. I have the honor, ko. (Signed,) £. RYERSON. I Mr. John CoMiRroio, Trustee R. C. Separate School, Brantford. •\» Town of Goderich. Xo. 65. The Trustees of the Roman Catholic Separate School, Goderich^ to the Chief Superintendent. TranimittiDg a Report of th ' <■ SobooL [LR.1U4|186S.] Goderich, March 11 th 1853. Sir, We have the honor to enclose you a report of the Roman Catholic separate icliool, in the town of Goderich, established by the trustees of the town of God- erich, in the year eighteen hundred and fifly-two, and has been in operation since July of the same year. And it is to be hoped, the report will he found sufficiently correct, to secure said school a share of the public funds. MAURICE B. SEYMOUR, (Signed,) R. MoDOUGALL, M.D., L.McIRATCH. The Rev. E. Rtebsom, Chief Superintendent of Schools. M, 66. Jlu Deputy Superintendent to the Trustees of the Roman Catholic Separate School, Goderich. lUports from Common ud Separate Schools to be incorporated in the general Report from the UDnicipallty. [No.]MkH.] Education Office, Toronto, 22ni March, 1853. I have the honor to acknowledge the receipt of your letter of the 17th instant, and to state in reply, that all reports of schools in cities, towns and villagi'S, are ' li i n r* ■ 138 made to this department through the board of school trustees of the municipality. Any report, therefore, which you may have to rnake^ should be addressed to your local superintendent or board of school trustees. I may also remark, that according to the 1st proviso, in the 10th section, in connection with the 4th clause of the 18th section of the school act, no separate school can come into operation, nor an election of trustees for such separate school take place until afitr the 25th December following the authorizing of the separate school. I herewith return the report you enclosed, as it is (^ no use to this department, I have the honor, &c. (Signed,) J. GEORGE H0D6INS, » Deputy Superintendent. Messrs. Maurice B. Seymour, R. MoDouoALL, M.D., and L. MoIbatch, Goderich. JVb. 67. The Local Superintendent of the Toum of Goderich to tfie Chief Superintendent, Traaflmitting Report of Roman Oatholi« Separate School. i:i.B.14M,18S8.] SlB, Goderich, 6th April, 1853. The trustees of the Roman Catholic separate school have handed me your letter of the 22nd of March, returning the report of said separate schools, sent by them. I now, in accordance with your direction, forward it aloUg With a copy of minute of school trustees, of the town of Goderich, where you will find that the school section was defined, and the separation made prior to the 25th Dec, 1852. On referring to the act, I cannot find any direction for the local superinten' dents of schools in incorporated towns and villages, to forward the report— it is there expressly said to be the duty of the trustees. Hoping that the re^;>rt will now be received. (Signed,) To the Chief Stiiperintendent of Education, Toronto. Iani;&c. ALEXANDER MoKID. 133 [Enchture.'] Extract from tite Minutes of the Board of School Trustees for the Town of Goierich^ Dated 1st December, 1852. Mr. Dufiy presented an application from the Roman Catholics of the town, for the establishment of a separate school, containing the requisite number of names as by law contained in the school act The same being read, and also the section of the act thereanent, a difficulty appeared in the question of what is to be the number of trustees to compose the board for said school. The most feasible plan appeared to be, that the town be considered to be one school section and that a board of three be chosen. The board agreed to comply with the request of the applicants, and to endea- vor to obtain information concerning the construction of the separate board. The board then adjourned. (Signed,) JAMES CAMPBELL, Chairman. - 1 F'li jYo. 68. Jlie Trustees of the Roman Catholic Separate SchooU Goderichy to the Chief Superintendent, ri<-B.Mlt,18Sl] For Share of the LegisIatiFe School Grant GoDERicH, July 27th, 1853. Rev. Sir, Having been informed by the Rev. Mr. Ryne, that you told him at your office, at Toronto, last June, that our report for the Roman Catholic separate school of Goderich, had been received and acknowledged by your Reverence ; the time for apportioning the government money having arrived, we applied to our local super- intendent, the Rev. Mr. McKid, for our portion, on which occasion we received the enclosed communication. Ouv separate school has been legally applied for, and established by law, and is now in existence more than 12 months, and has been acknowledged before Janu- ary 1853. Therefore, under either the old or the new law, we cannot, except by fraud, be deprived of our portion of the government grant. We expect the favor of a reply, —that if any other conditions be required, we may fulfil them in due time. We also respectfully request that you will be pleased to inform us, to whom shall we apply for our portion of the government grant. I am, &c. (Signed,) The Rev. Dr. Rverson, Chief Superintendent of Schools. P. A. McDOUGALL, M.D. Secretary to Roman Catholic Separate School. I n I ^^ 1 f 1. ■ I !J i : M \ 'iH' I i 1 Rfi ,;iL GoDEBiOH, July 25tA, 1858. [Enchsure.'l ■' I,, ■ ' ■ -■- ■• ■'■■■■ Sn, In answer to a communication addressed to you by the secretary of the Romaal Catholic separate school, and which was brought under the notice of the board of trustees for common schools for the town of Groderich, I am directed to stateJ that the board is not aware that the government grant of money has yet arrivedJ and that it has no evidence in its possession to shew that the trustees of saidf separate school are entitled to any proportion of the said fund. I am, &c. (Signed,) To Rev. A. McKiD, Superintendent Common Schools, Town of Goderich. THOMAS NICHOLLS, Secretary Board of School Trustees. J^o. 69. Thi Deputy Superintendent to the Trustees of the Rom(m\ Catholic Separate School^ GodeiHch. [N«bU7,I.] Sib, Oertain Returns to b* forwarded to the Local Superintendent. Education Office, Toronto, 5th August, 1853. I have the honor to acknowledge the receipt of your letter of the 87th ultimo, and to state in reply that, from the 4th clause of the Supplementary School Act, you | will perceive that the trustees of each separate school, are requested in common with the trustees of the section schools (see 5th clause), to transmit to the local superintendent, a certain return as specified in that clause, previous to their school participating in any [tortion of the school grant. It is doubtless to the absence of I such a return that the secretary of the board of school trustees refers in his letter of the 35th ultimo. (Signed,) P. A. McDouoALL, Esq., M.D., Trustee R. C. Separate School, Goderich. I have the 'lonor, die. J. GEORGE HODGINS, Deputy Superintendent, 195 {jVb. 70. The Trustees of the Roman Catholic Separate School, Goderich, to the Chief Superintendent, Fiirthw About their Shtre of the Legislativt School Grant I i [L.R.263S.1853.] QoDEBicu, August 27 S.- and to state in reply that the town treasurer of Peterborough has not yet made the ■ money, wh returns to this department required by law ; but he has promised to do so in a few H but they t days, when the money which I have apportioned to that municipality will be paid. H li^nds at hi I have the honor to be, &c. (Signed,) E. RYERSON. Mr. James Rtak, Trustee R. C. Separate School, Peterborough. 139 i/tia Town of Picton. ^.PeterbormglMyQ^ 76. The Local Superintendent of Picton to the Chief Superintendent. \oman Cathokl Report oa sUte of the Roman Oatholic Separate School | I fLE. 1740, 1885.] PicTOK, March 27th, 1855. I Reverend Sir, I could have sent you the Report of the Roman Catholic separate school before, Ibat I was not aware of my duty. The report is, I think, financially correct, I but as to attendance it is questionable. I visited the school several times and found limiserable looking place, with a lot of dirty, sleepy children sitting on some old Iforms. You will perceive that the board do not acknowledge their average atten- Idance by the amount of the government grant they have received. In Picton, we have done all that we could to satisfy the Priest, by hiring Roman I Catholic teachers in the national schools, but it all would not do. When he sup- I supposed that the separate school would not receive anything from government if a iRoman Catholic teacher was employed by the board, he denounced the teacher |trom the altar, and was for making him break his written engagement. The separate school in Picton cannot keep their teacher of their own religion but la few months, and those are newly caught. Some of our best teachers in the I County of Prince Edward are Roman Catholics, but they will not teach in a sepa- Irate school. I am sorry that the report was not satisfactory the first time, however, I will do {better next time. I have been but a few weeks, secretary to the board. I remain, &c. (Signed,) GEO. GILLESPIE, Local Superintendent. I The Chief Superintendent of Schools, Toronto. P. S. — You may find fault with the board for allowing the separate school any I money, while there is a Roman Catholic teacher in the public school of the town, I but they are tired of war. The Istst town superintendent had the Priest and all at him. I would rather pay the money myself, than have the same trouble. (Signed,) G.G. L.S. I < 1 1 H 140 Town of Prescott. JVb. 77. The Trustees of the Roman Catholic Separate School, Prescottt to the Deputy Superintendent, [L. B. 2803, 18S2.J Sir, Ou Separate School electioni and report!, Prbsoott, December ISth, 1853. I beg to be informed what course the trustees of separate schools will adopti at the coming school elections so far as regards the returning officer, as we cannod find in the school act any party named to fill that office ; and further I beg to request] to know if trustees of f . oarate schools are obliged to send a report to the Education Office at such times as trustees of common schools generally are obliged to do. I am, &c. (Signed,) J. O'SULLIVAN, Secretary to Board of Separate Schools,] Town of Prescott. J. Geo. Hodgins, Esq., Education Office, Toronto. No. 78. The Chief Superintendent to the Trustees of the Roman Cathok\ Separate School, Prescott. Elections and reports for Separate Schools are under same regulations as the school sections of Towiiih!pi.| [N0.974G.3 Education Office, Toronto, 23rrf2)ecew»6cr, 1852. Sir, I have the honor to acknowledge the receipt of your letter of the 1 3th instant,! and to state in reply that by referring to the 1 9th section of the school act, you will I find that school meetings for the election of trustees or a trustee of a separate I school in a city, town, or incorporated village, are conducted (not as other school I elections in such city, town, or incorporated village, but) in the same manner as| are school elections in sections, as provided by the 6th section of the act. Ml The trustees of separate schools can send their report to the local superintend lent to be embodied in the local report to this department, the same as the reports |f trustees of other school sections* I hare the hon '•r Ice. ', . (Signed,) E. RYERSON. lUr. J. O'Sdlmvaic, Trustee R< C. Separate School, PresGOttt loman Catholki ection8ofTowiiibipi.| |k. 79. Hie thttteea of the Roman Catholic Separate SchooU Prescottt to the Deputy Superintendent. Appolntnent of thdr own Local Superintendent of Separate Schoola and eoUeettoo of rate^billa. s^ . ||L&. 141. 1803.] PaEstioTT, January &h, 1858. . \h In aoknoWledgiilg the receipt of the Chief Superintendent's letter, with which jlhave been highly honored, I beg to be informed on the following questions: Have not trustees of separate schools in cities and towns the choice of theii* [own superintendent, such as the trustees of common schools have ? and if not is |ihe township superintendent the superintendent of separate schools also ? and when town is apart from the township for other purposes what coarse may be fol' ? These are points highly important to us in preparing our school report. I am, &c. (Signed,) J. CSULLIVAN, Secretary Sep. School, Fresoott. |I.Gl!0. tloDfrllfS, £s4.< Education Office, Toronto. P. S.-*Are the Trusteeis of separate schools a Cofporation, with power to collect eir rate->bill by warrant. (Signed,) J. CS. 1 1^1 ■, r =- "'-■■ •^.- ■■k'i 142 No. 80. The Chief Superintendent to the Trustees of the Roman CatholU Separate School, Prescott. Trusteei of separate tehools in regard to their supporters hare equal powers with trustees of school sectioni.. Separate Schools are visited by the Local Superintendent. [No. 1107,0] Sir, Education Office, ToronU^ iQfA January, 1853. I have the honor to acknowledge the receipt of your letter of the 8th instantj and to state in reply that trustees of a separate school have, in my opinion, the same right to levy and collect school rates, from the persons sending children to 8ucb| school, as have trustees of common schot^ls. All schools receiving public aid toiust be open to public inspection ; the town I superintendent of schools has, therefore, the same right to visit separate schools asl he has to visit any other schools aided by the public school fund. The report of eachj separate school in a town should be addressed to the town school superintendent. I have the honor, &c. (Signed,) Mr. J. O'SULLIVAN, Trustee R. C. Separate School, Prescott E. RYERSON. No. 81. The Prescott Board of School Trustees to the Chkf SuperintmdmiX Authority of Teachers to exclude books from Public Schools without permission from the Board. [L.B.1S75, 186S.] At the county school convention held in Brockville 4th March, 1853, the fol*! lowing resolution of the board of school trustees for the town of Prescott, passed ; a meeting of the board held on the 25th February, was submitted to the Chief SuperiD>| tendent for his opinion : Prescott, 25/A February, 1853. Resolved: That although the board is (with one exception) unanimous in theiil opinion, that the trustees have legal authority to introduce such text-books into thej common schools as they may deem expedient for the improvement of the childrenJ the chairman be requested to obtain from Dr. Ryerson, the Chief Superintendent,! his written opinion, as to the course the trustees should adopt relative to Mr. Ahem'sl dismissing from his school, Goldsmith's History of £ngland» on the grounds that itj was offensive to Roman Catholic children and not according to law, and also res-| 143 » of school iec(ioni.< Lcting the powers generally invested in trustees as to their rejection or admission lof books in common schools ; also to obtain from Dr. Ryerson b.i explanation of the llause in his published letter to the Roman Catholic Bishop where he speaks of snid lliijtory not being sanctioned by the council of publio instruction, and also in case ItfMr. Ahern's positively declining teaching said history or declining teaching any Igther book which the trustees might recommend ; or if the trustees think proper to lissmiss Mr. Ahern for thus declining, can he claim salary any longer than previous lusach notice? Having submitted the case to the local superintendent, he said we would be lijuite justified in dissmissing Mr. Ahern, and also advised the trustees not to submit lio such a case. However he recommended the referring of it to the chief superin- liendent as the most prudent way. 11: RYERSON. liVb. 82. The Chief Superintendtnt to the Prescott Board of School Trustees, llhe Teacher of a public school has not the power of excluding books ; neither hare trustees power to compel children to use books objected to by their parents. I [No. 96, H.] Sn, Brockvillb, March 4th, 1853. In reference to the minute of the board of school trustees for the town of I Prescott, adopted the 25th February, which you have enclosed to me, I have to re> Inark that a teacher is not the judge of the books to be taught in any school ; and Ithat the local superintendent of schools in each city and town is appointed by the I board of trustees for such city or town and his duties prescribed by them, as pro- vided in the 4th clause of the 24th section of the school act. The duties of local lioperintendents appointed by county councils are prescribed in detail in the 3 1st section of the school act, but boards of school trustees in cities and towns pre- I scribe the duties of the local superintendents whom they appoint. The board of school trustees in each city or town can enjoin the use of any I book published in the British dominions not publicly disapproved of by the council of public instruction ; but they cannot compel any child in the schools under their care to use a book to which the parents or guardians of such child shall object on religious grounds. But the veto is with the parent of each child, not with the teacher, whose d .ies are prescribed by the board of trustees employing him, ac- I cording to the clause of the act above referred to. I have the honor, &c. Signed,) E. RYERSON. I The Chairman of the • ■' » ■ - "^ «' - r^.< r . Board of School Trustees, < " ' ■ ' " . ;: /^..^K-f Prescott. >'■>: ■•'- '. ..V ^ -'■■^ :■:•'.<■ '■-.■ :"^ ■■; w v.7. ^^■.. •^1 ! I 144 Town of Amherstburgh. ■ II II JVb. 83» The Amhenlhurgh Board of School Truiteea to the Chief Svpmnm^^ ^^' tendent. ■ ^'*>'« fiiUbliihinant and eontinuano* of a Roman OathoUo Separata SohooL tL.&.lllM,l8<)9.] AMHBRBTBU&au, Wh Motxh, 1853. Dbak SiB) Ih name of the board of school trustees fof this tov«m, I beg to address you a fev lines, in regard to our separate Roman Catholio school, and get your advice on tht subject I presume our board (since the commencement of the present liberal system o^ common school education) has caused you more annoyance than almost any otherj but you must bear with tls, an we are situated in the very heart of Upper Canadian Jesuitism. I believe that one of our board (Mr. Nelson) had a conversation with you (while in Sandwich) on the subject, but I am inclined to think tliat he did not explain thd case fully to you. (I may here mention that our board were very sorry that they could not meetj you in a body while in Sandwich, on account of the bad state of the road.) The Catholics have applied for a separate school for this town, for the two former years, but as the bosurd of trustees had Catholic teachers engaged, they could not grant it. This year, as we had three trustees to elect, they tried their utmost to get three Catholics elected, but they were beaten by a small migority; they then applied for a separate Roman Catholio school, and as the board had no CathoLg teacher engaged, it was granted ; this was after the second Wednesday in Januaiy.] Our secretary appointed a day for the election of the separate school trustee but we took no further cognizance of them, until, on receiving the reports from yoo oflSce, we noticed that no separate school can come into operation until the 36th o^ December, of any year, so we concluded we could not reoognize their school for this year, and verbally told their trustees so» . . Our resolution, granting them their separate school, does not say that it sha be for the present year. They have written to their Bishop and also to the Attorney Geneva/ oo the I lulyect, and no doubt will do their utmost to try and^get us into trouble { they havej g:ot their separate school into operation, having engaged two teachers* 146 Do you think the hoard ofaohool trustees would be acting legally, to give them jiheir portion of the school fund for the present year or not T By giving us your advice on the above, you will much oblige. .' I have the honor, dco. " .tii.«<.5^ . .1. ,a ^ (Signed,) PEriiRMEMZIBS. • I The Rev. E. Rvehson, D.D., Chief Superintendent of Education, i . .4>>n,i< . Toronto. P. S. — We have a Roman Catholic teacher engaged as a common school teacher. .i\,«T. ,.^v.HU1f.^-'^^t»^ (Signed,) ^ ' ^" ' P.M. .'JH»rj'io.tuM t ' 11 :\ Ml |jVb. 84. The Deputy Superintendent to the Amherethurgh Board of School Trustees. > • " r/ . t^ •KiJ^'i.; •ill ,11", 'ktll ll.y^- ►"»;!»« T, I i .•*" }' lO ill A Separate School election cannot take place until after (he School diTlilon haa gone into operation. '^ I [No. IBS. B] irntis ir:': •• . » in «j» .)■f'^"l'I »•* '<),■ Education Officii^ Toronto, 22ne/ March^ 1858. W.v{*l |Sn, I have the honor to acknowledge the receipt of your letter of the 14th instant land to state In reply, that according to the 1st proviso in the 19th section, in con- nection with the 2nd proviso in the 4th clause of the 18th section, of the school act, no separate school can come into operation until the 25th of December jnext after the authorizing of such separate school, — consequently no election of trustees for such school can take place until after "the limits of the divisions or sections for such Bchool" shall have been so established, any more than could an election of councillors take place for a municipality, until after the limits orbound- jaries of such municipality had taken legil effect. Under these circumstances, the se»arate school referred to, has no claim upon I the school fund t^.e current year. With reference to the legal coitinuance of such school, I can add nothing to [what has been stated by the Chief Siperintendent, in a published letter to the Roman Catholic Bishop of Toronto, date* 13th March, 1852, as follows:— "There is on fnrantee that a separate schoolwill be continued six months, as it ceases to exist legally (at least, so far as it rdates to any claim upon the public school fund) the moment the publio school trusfies employ in the same school division, a teacher of It . • 146 the same religious faith with that of the supporters of the separate school."* See 4th proviso in the 19th section of the school act. I have the honor, &c. (Signed.) J. GEORGE HODGINS, Deputy SuperintendentJ '■•^-W Petek Menzibs, £sq., ' School Trustee, Amherstburgh. I A!v^■r'.< Jifo. 85. The Chief Superintendent to the Local Superintendent of Amherst" burgh. Statistics of Separate iSchoola sbould b« i^ven in the general School Report of tire UunidpaUtj. [No. 1687, M.] Education OFrioiv Toronto, Itmh August, 1854. Sib, On comparing the report of your boafd of school trustees with the school accoant?! of your town» for last year, I find in the latter the sum of JC115 reported as bavingl been paid to the teacher and trusteea of a ae)piaratti school, but no referience is made] to such payment in the former. ,j:v j , , s , , ./; , f ,. , As all reports from separate schools should be made ta the board through its! local superintendent, to be incorporated in the generd report to this department, (I herewith return you the town report for such information and statistics as you can! collect and furnish at your very earliest convenience. ,, I have the honor, dtc< ' J (Signed,) ,,.., EiRYERSOIf, John McLeod Esq., ;, ,.,f ,, , ,, ; ,,, » Local Superintendent of SchooUV , .„;', Towuof Amherstburgh. .».,<>. ", :, 1 ;'n '!j,' I ' i H^ ■ "■' 'r.-iSV:'V JVo. 86. The Local Superintendent of ^Amherstburgh to the Chief Superin-' — ■ tendeiit. ..'^i '»•.«»' The Town CouDcil levied a general Hanicipal Asseasment tbr a Roman Catholic BchooV not legaU):e8(tb<| liabed aa a Separate ^hool. [Ii.B.S88»,l85«.] ' ,,; ^^ i ...w.,'. . <•? s.n AMHEtsTBUBOH, 2nd SefietiAer, 1854. I beg to acknowledge the receipt of your letter of the 28th ultimo, requiring | information in regard to the report of the board of school trustees for l ast year. • Sm Corraapondence with the Roman Catholic 3iahop of Toronko, printed bj ocder of the Legiilatiw| A»^»»"b1r iqro 1 nor Til. «•<»• 8. 147 ^^u - j- ' school."* See^l In reply, I beg to inform you that this separate Catholic school leist year, was not acknowledged by the board of school trustees, inasmuch as they had not com- plied with the Act of Parliament in the formation of the same. But our town council (the majority of whom were Catholics) took it upon themselves to collect a general rate for the separate school, and paid the same over to the trustees of the separate school, without either my consent, or the consult of the board of school trustees. * This accounts for the same not appearing in the report of the boarcf 3f school trustees. .w)v?Ui»e •V • I have the honor, «&c. (Signed,) |rbe Rev. E. Ryerson, D.D., Chief Superintendent o( Schools, Toronto. JOHN McLEOD. U!'iiU.;Ji,';..',V > Town of Chatham." ^' ^-v^^^ ^^^ -^^^ 'i) V T ' ,lf I; 3 i! * o\ not legally estaih I ar of tht LegUttin yto. 87. The Trustees of the Roman Catholic Separate School, Chatham, to the Chief Superintendent. f a tr^ •?/ Dear Sir, ''-^. V :<:.-' Deftnition of the term " Commoa School Fund," |i!>S.l$8»,18kS.] ..-ft'l ... .^ i. . 1-.. , . •-, ./ 'u. •,. an appeal was made by me |ia behalf of the Roman Catholic school trustees of this place, to the Government, ligainst what you thought to be the proper interpretation of the 40th section of the ISchool Act of 1850 :* in other words as to what constituted the common school fund ; lihereupon we were informed by the Government that it was their desire that the Itiestion should be decided by the superior courts of law. This being the case, we pere about to apply to the Queen's Bench, but upon being informed that the ques- jlioa was to be brought before the judges by the trustees of Belleville, we thought it St to await the result ; of which I make no doubt you have been made acquainted. Itherefore, at the request of the board of trustees, and that of my fellow trustees of le Koman Catholic separate school of this place, and as a matter of common esy to yourself, beg to solicit that you will have the kindness to instruct the * Sm "Oorreipendenee" kid before the Hoiue of AunMy on th« I7th September, 1868, Jlppendis 11 148 said board of trustees, as to whether they are still to persist la the interpretationl formerly recommended by you £is aforesaid, or to adopt the decision of the judgeal upon the point in question. I Trusting that you vrill have the goodness to furnish the desired instructions, and! let us have the pleasure of hearing from yoi^assoon as convenient; and also, that at] a no distant period, Cathdic schools will be established upon an independent andl efScient footing, and in Mih a ilourishing condition as to oblige even the clever Dr.l Ryerson to admire them far, far more than he now does the common irreligiousl schools. .,..!,. I have, &c. ' MiwKh^U- /d]i)i ^&^') pmuk\ I J. B. WILLIAMS, . Trustee R. C. School^ ■ /*»-^^ Chatham. To Rev. E. Ryebson, d^^^dr^Hi,. !o,.m.'^., Chief Superintendent of Education, Toronto. 'ikii^yif^ J\o. 88. The Deputy Superintendent to the Trustees of the Roman Catholic] Separate School^ Chatham, j,- ;INo.S27,H.l No other definition of tlie " Common School Fund ** than th'af^ali^y ^ren. • -^-^--^-^ Education Office, rn:i!-./b«;.o««vp' M Toronto, 26 .u »ji in .Kii J , _ _ Education Office, Toronto, Hth June, 1S63. |SiH, In reference to your letter of the 17th ultimo, in addition to the remarks addressed lyou in my absence, I refer you to the 4th section of supplementary school bill, (just ■passed by the Legislature) according to which all school moneys for separate schools I for the Ourrent year, are to h6 apportioned, and in which you will perceive that no separate school has a right to share in any money raised by municipal assessment. The trustees of the Belleville separate school intend, I am informed, to renew I their suit before the court of Queen's Bench at its next term, having been unsuccess- I fill in their application last winter. As to your "irreligious" imputation, I have no disposition to discuss the matters I to which it refers — it b^it 7^ as tbreign to the objects of your inquiries, as it is ground- less in itmlf. < iv ' < "i ,-' » • I have, &c. (Signed,) |J.B. Williams, Esq., ^''•' Trustee R. C. Separate School, Chatham. E. RYERSON. t 'f - i^ *i ft.i a . ..' jv yi.; 1. 1. ^WiS,tt> iiKf^-i'.'-i 9itJ ■4.- I .i^vii h. y' - •' ' • ■ ■■'■' ' ■ ^■•^'- .Vo. 90. The Chatham Board of School Trustees to the Chief Superintendent. Definition of the term " Common School Fund " by the Court of Queen's Bench. 1 v [I.E. 1480. 1888.] -';**•■'" '-•■■'^'1 .tl-n-ir^-U •■.! rl-V, ^ ^ >?i1 ' ' CttATBAM, 23rd May, 1853. "i'- Rev. Sib, The board of school trustees of this town have been informed, that by a recent decision in the court of Queen's Bench, in which the trustees of the town of Belleville were concerned,* the patrons of separate schools, under the 19th section of the Act 13 ana 14 Vic, Cap. 48, were entitled to a proportion of the whole sum raised for school purposes, according to the number of children attending, instead of what we presumed was a proportion of the school fund, composed of the Legislative apportionment, and an equal amount raisf^d by taxation. We should be glad to have your advice in reference thereto, and instruction as to the mode of distribution "Seepages 114-110. n I: i [i iff i- n ■' WEI ■ 150 we shall be required to adopt; and if the information above referred to be correct, it will make a material difference in estimating the sum which the municipality will he called upon by the board to raise for the current year's school purposes. .jrivf'i te*-aA iopife. Rev. Dr. Rverson, Chief Superintendent of Schools, Toronto. I am, &o. (Signed,) GEORGE DUCK. Jr., Chairman B. of S. T. JVb. 91. The Chief Supennlendent to tfte Chatham Board of School Trustees, [No. 867 H.] SlR^ The Court of Queen'i Bench has not given a final decition on the question. . ■!•■(! !••>< J' ,, Education Office, >i-; ,. SAMUEL SMITH, .,fi.''<» i.Vriif^:' ■•• Trustees. The Chief Superintendent of Education, Toronto. ■'■■■< . 'ij!:. • i/iH| iU't*' aulhifjh •«M-fc4'ni: !..:i> out '■■ < .•.'•tiil-yg rvtf;'ifi»v ■ ' iHj n* iii-i^f (i'>",o 'vnui lis M. 94. The Chief Superintendent to certain School Trustees of Guelph. A Protestant Separate School cannot be claimed if a Protestant Teacher b« employed in the Town. [No. 70S, G.] Education Office, Toronto, 14/A September, 1852. Gentlemen, I have the honor to acknowledge the receipt of your letter of the 1 1th instant, and to state in reply, that if there is one Protestant teacher employed by the board of trustees, in the incorporated town of Guelph, a separate Protestant school cannot be lawfully claimed. In like manner, if a Roman Catholic teacher be employed, a separate Roman Catholic school cannot be lawfully claimed in the town. . . , I have the honor, &c. .!•■;';'!.!» < 1 " li'.i i • . '■...•• *' ' «; •': (Signed,) -;"' E. RYERSON Messrs. Peter Gow, and Samuel Smith, ^.i; „ School Trustees, .,; ,. V . Guelph. ,■ ,.<• '<•,; , |4', ',1 Ij; ' h'Y-''Y "*il.'>i'< -"/^IVJ ,ir''^'''\ "*•'■- ," .11):'// ■,,;. , : .. ■'<-, .1- ■-- f iivHi""ii- ,!?.*•■ ttU?;; J,; ui'"iT '- (S ii, 'i, ■ ■ '> .<(>r^.-I ■. 159 \Xo. 95. The Roman Catholic Pastor of Guelph to the Chief Superintendent* i H) GuKbriM, 19/A December, 1853. Coaaplaint >gain8t the Chairman of the Bo^rd of dohool trtuteei. IDear Sib» , f - The Roman Catholics of Guelph, having erected a school house sufficiently large ) contain 300 pupils, beg leave to inform you, that they desire to establish a separate lichool according to the provisions made by the Legislature in their favor. I regret to he under the necessity of informing you, that the petitio up by llhetn for that purpose, has been rejected by Doctor Henry Orton, the cu^irman of |lhe board of trustees of the common schools of Guelph. Per parenthesis — (He very insultingly told us, he would not have anything to with it, and consequently would not bring it forward.) Now, sir, we appeal to you for redress, and hope to meet with a favorable and ive answer, in regard to procuring the privileges extended to Roman Catholics jbythe School Acts of 1850 and 1853. In the meantime, it is our intention to open our school about the beginning of I ensumg year. • "■ I remain, dtc. •'•'' ' ? •' ' "" '* (Signed,) JOHN HOLZER, Roman Catholic Pastor of Guelph, C. W. "5»^ I To Dr. Ryerson, Chief Superintendent of Schools, '^ "-'^ ■'*' •'<>'' 'i^i t >; . -j/.T'' /ii,: I Education Office, t^'- S>^»ii 'ni .-. :'i: n-i .'.\:)uh,/ ;.» I'-.'ifi r- ,tl!hE!v^ Toronto, U. C. P. S. — A copy of this letter was forwarded to Doctor Henry Orton, chairman I of the board of school trustees of the town of Guelph, according to the instructions I we lately got from the Education Office. y^OHHA'iU .A A'z^r.j'-yi \Xo. 96. The Chief Superintendent to the Roman Catholic Pastor of Guelph. I Application of 12 heads of Famnie3 for a Separate School, leaves no discretion to the Board of School Trustees in refusing to grant such Separate School. Education Office, _ Toronto, 2 1st Dscem&er, 1853. I, • - • I have the honor to acknowledge the receipt of your letter of the 10th instant, I and to state in reply, that if twelve heads of families have applied to the board of !'] iff m Vi', 'I SI- Si sr ft ■ 154 trustees of the town of Guelph, (through the chairman of the board, or otherwise,) according to the provisions of the 10th section of the School Act, 18th and 14th Vic, cap. 48, for a separate school, the board has no discretion in the matter, but must, as required by the Act 1 4th and l5th Vic, cap. Ill, grant the request of the petitioners. The members of the board render themselves liable to a prosecution for damages and the violation of the law, if they refuse to do what the law requires. l^J'v; . ■'ii'.V: I have the honor, &c. (Signed,) E. RYERSON. The Rev. John Holzer, S. J., •;(j Roman Catholic Pastor, Guelph. fl'l Ki V|',l! . v- '> i|k'ij ■ huti akiiJiti .- «t ,", itjjv' )M*)*ii <>i <>,i\<.H: iir. 'iK'i u< ( tn if-iMtS n"/» {}<'. ,v.'.i/, ^To. 97. The Chief Superintendent to the Guelph Board of Schooll Trustees, ).., . . ^.-.A ..'\ n*.,J f i^rP-ft'iJ 't: ti 1,(^1' i'(i|:trii <.;-.V Hi It is compulsory on the Board to grant a Separate School when applied for as the law directs. [Na 83 K.] ^n Education Office, " ■J ,ii,uj h't -o Toronto 22nd December, I852i. Sir, I have received a letter from the Rev. John Holzer, Roman Catholic Pastor of Guelph, a copy of which, he says, he had furnished you with. I herewith enclose you my answer to his letter ;* and would recommend you to give effect to the law before the 25th instant — the day fixed by law for thi formation or alteration of common and separate school sections. Whatever we may thmk of any provision of the law in the abstract, we should endeavor to execute it fairly and liberally as long as it remains law. Dr. Henry Orton, Chairman Board of School Trustees, Guelph. I have the honor, &c. (Signed,) E. RYERSON. '.'iiif^i : „■^..'^;^^r:^L•::vlJ * The preceding letter, No. 96, LNo. 82 K.1 ;i"«r- *:l \n)fv' fp^ii "i' 155 •'18 ,, Trustees. |The Rev. E. Ryebson, D.D., , .,.- t,i.rj.,,<,i jt ,i,! - ijjl ^^.i-. lu fuaiij3'>'-x>iq Chief Superintendent of Schools, ,j: ■ *.«{ .^.^j ;, ,;,< r^ >\^rUii'.i/-.i,-: .- ■. ^!i.\^^l';:/!i^^fpm tu" >', ..;i{.' Will !y i>'.i f:f-;f, .r.C .I'Wi pVo. 99. The Deputy Superintendent to the Trustees of a Roman Catholic School^ Thorold, School documents will be furnighed on report of the Local Superintendent |;Xo-HI.] .... , ;-:•.* „^, ' Education Office, V ', ^ • Toronto, 18ev»ij!^ «ff ,3?^ «rf?t«j --;(v:j^5s'-v . pi Vi, IN" '^1 -ft ■'■if :Ci i I'.i r '■i ■ i*f Vm ■'I '■A mm 15«f A copy of the Journal of Education will be furnished as you request, upon the application of your looal superintendent. I have the honor, &c. (Signed,) J. GEORGE HODGINS, Deputy Superintendent. Messrs. C. W. Gwso, P. DoNAHOE, and -''^ >V- • »wv«1>\ ^i^\v^%'"K^r<\ -v^VV jH John Heenan, *■ .siiil.vhs'V <*. ?: '; 1 "Catholic School," ._/ ■ Thorold. ovu n. ' ,!•. .luu t,^ ■'»:?;... i i.i 1 WAi ,)*.•:• a ,t.i'>«V \ '' Jfo, 100. Certain Roman Catholics of Thorold to the Chief Superintendent.] 7"!' Be()ortiDg tit* eitebUahuienk of « Separate School. [L. B. 2588, 18S3.] Sir, !t»>>i h'Hl '» 'erinten« Ijrnt, to be kind enough to send them a school register and a copy of the Journal (ff \Education. _^ I have the honor, iia. > ji;/It inm (Signed,) JOSEPH KEARNEY. ' [The Rev. E. Kverbon, D.D., Chief &;iperintendent of Schools, , Toronto. . i' T.,;; [Enclosure"] The Catholic inhabitants of Thorold, Upper Canada, met according to due I notice, on the twentieth of August, 1863, at the scLool house, for the purpose of I electing school trustees. Moved by Mr. Gisso, and seconded by Mr. Hugh McMahon, that Mr. John I Heenan take the chair— carried unanimously. Moved by Mr. Patrick Donahoe, and seconded by Mr. William Cundord, that I Joseph Kearney%act as secretary to the meeting — motion carried. Moved by Mr. Gisso, and seconded by Mr. Wm. McCarthy, that Patrick Dooahoe I act as trustee— carried unanimously. Moved by Patrick Donahue, and seconded by Mr. James Kearney, that Mr. I John Heenan act as trustee — motion carried. Moved by Mr. Hugh McMahon, and seconded by Mr. William McCarthy, that Mr. Gisso act as the third trustee — motion carried. Joseph Keabmet, ...^^^ ,^^^,^>^„ , ,,^ Secretary. (Signed.) .t..;,..v„. JOHN HEENAN, i Chairman. ^\i !;'■>// -^'ni'-d)*' ^ '>fii spii' "f*!! )'/ Toronto, 25lA August, 1853. Osi I have the honor to acknawledge the receipt of your letter of the 20th instant^ and to state in reply, that Mr. William Beatty is the last local superintendent of schools in the village of Thorold, whose name has been reported to this department. w k ■■*■ '-M \m '•'■^U 158 I do not learn from your communication, that the requirements of the I9ih dection of the School Act ef 1850, have been complied with: namely, thai twelve heiidn of families have applied to the board of ichool trustees for a separate schoolj and that the boundaries of the separate Nchool section have been determined, and! that the board made provision for culling the first meeting for the election of yourl trustees. Nor can I gather from your letter, that application was made for the separate! Rcbool, before the 25th of last December. If not, then the separate school in que8>| tion cannot be recognized before the '29th of next December; for it is a principle of the school law, that no alteration can take place in any school section whatever,! either by dividing them, or establishing separate schools within them, except at the end of each year, before the making up of the returns for the year, and before making | arrangements for the school operations for the subsequent year. Whenever I learn that your school is organized according to law, I shall be < happy to furnish your trustees with a copy of the Journal of Educationttkni, through the local superintendent, with a school register. t« f. .'•■■>■< ', ) I have the honor, 6to. ^ - ■ ' '' (Signed,) '"' ' B,ftYERSON, ZixiU '.li Mr. Joseph K^aknEV, Secretary R. C. Meeting, Thorold. '}' * jfj. .' >'"«i :(■». ,'/• .1/ W JVo. 102. The Thorold Board of School Trustees to the Chief Superintendent, A School House haring been lent to oettain Roman Catholics, they now elaim eilatenod aa a Sepahtte School , . , . Corporation. TuoROLb, 9th January, 1864. But, ^ Ai chairman of the board of tfUsteds for this village, I am directed by the board to write you for information respecting a separate school* which the Roman Catholics contend they have established for the last six months. To be aa brief as possible, I will give you a statement of how the case stands. We have a school house in the village which the trustees and their successors have held for the last twenty years as a Protestant school house. In consequence of the house wanting repairs, the school was removed to another building until such time as 8U 11 ■ ' i' I'l' H, |Ao. 103« The Chief Supenntendent to the Thorold Board of School Trustees, ... , A denomiDatiooal or priT»te School eanaot b«com« » B«p«r«t« Schooli unlaw m the U* dir«c(t. I [No. 804 K.] VJ'V^ \ Education Officii Toronto, \^th January t 1864. I Sib, 1 have the tionor to acknowledge the receipt of your letter of the 9th instant, Imd to state in replyt that no separate school Can exist Unless established in the I manner prescribed by the 19th section of the school act It is, therefore, perfectly easy for all parties concerned, to ascertr-n and under' litand whether a separate school has been establiiihed in your village i i 'ue manner there prescribed. The mere existence of a school established oi* patronized by the members of a I religious persuasion (of which there are two or three under tho auspices of the Church of England, in this cityi) does not make it a sepante school — or any thing more than a private school, unless the provisions of the lavv have been complied with in the mode of its establishment and management, the s^me as all other schoola I that share in the school fund. .v;.tjii\ftni JiigtiS;^', i wVlj f.d 1-^^^i'i.tmm, U'i. I have the honor, dcci "'ivi /S5«,»^> '^ =' E.RYERSON. ^" i-j 1 I HuoH James, E!s<1., Chairman Board of School TrusteeB, Thnwid, (Signed,) Aij i,?'lis )'v4^j.i'tJ?i.a i-''!iS (jii-jjt a«f' ;)vu; iii)-ii> h ii»:. m IfiO ^liiiv^imx^i School Section No. o, Osgoode. , : (OmHtfi qf OarietimJ -ff) U^rr. ■•--■'A.:- ' '■[: — M. 104. The Deputy Superintendent to the Local Superintendent qfOsgoodel vsdi KO ':*. ! ,l!i<^n^sti1}, 1 will thank you to famish this department with such information as you possess relative to the establishment of a separate school in school section No. 5 in the town<^ ship of Osgoode, returned in your report for last year. I have the honor, &c. (Signed,) J. GEORGE HODGINS, Deputy Superintendent. The Rev. WiLUAM Loghead, ,. ,. \ ...Vun^m'v^inV. -v^^O -^^ .-..: Local Superintendent of Schools, ., ./v^ Township of Osgoode. ' ' .,. , .t •>>»;': w/slnilj V .. itfj '.v Ir-v'B^t^-r'U'iff.i: .•• ' Ji t JVo. 105. The Local Superintendent of Osgoode to the Chief Superintendents Osgoode, 28th March, 1853. Causes leading to the Establishment of a Protestani separate sohool. [L.IU 1*14) 1883.1 Dear Sir, I have just received a communication from the Education office requesting Aie i to transmit to your Department some account of the circumstances connected with | the establishment of a separate school in section No. 5 Osgoode. A'>«in? The majority of the inhabitants of section No. 5 in Osgoode are RomanCatho- lies : that majority have always secured a Teacher of the Roman Catholic faith. In the neighbouring sections where the minority are Protestants, Roman Catho- 1 lio Teachers are now employed in some, and have been employed in all occasionally, so that where the mi^Aority are Roman Catholics there has been a liberal spirit j manifested by the Protestant majority. In Section No. 5 hi^fwever a different spirit ruled ; but the Protestant minority j would not have complained if their childrei had been put on an equal footing with j the children of their Roman Catholic neighbours. The Roman Catholic Catechism was in the hands of the Roman Catholic chil- dren and the Teacher instructed them in it. Mr. Bowes, Post Master of West Os- 161 Igoode Office, and a respectable merchant, living in the section ; and a member of the Icburch of England, having heard of his neighbours' children being instructed in the 1 catechism of their church, sent with his child the church of England catechisni, and a note requesting the teacher to give his child tasks irom it; the child returned with its catechism, and the same note it took, with a reply from the teacher on the back of it — "That he could not comply with his request because that catechism was Uisapproved of by the trustees." When informed of this, I waited upon the teacher, and enquired whether it was las reported: he said the trustees approved of the one catechism, and disapproved of the other, and therefore he had refused to admit it. I told him he had erred, as there are very few purely Roman Catholic Schools, he ought so to conduct himself in regard I to sectarian prejudices, that he might not become /jersona//y implicated ; that he ought I to have thrown the whole responsibility on the Trustees, and have received land taught the church of England catechism, since the Roman Catholic one was already in school ; and that when the Trustees ordered him to reject the church of Eng- land one, he should have obtained their signature, to the order and transmitted that I to Mr. Bowes. When I visited the school in December, I explained in my address or lecture I the rights and privileges of parents and trustees in such matters; that the school house being built, and the teacher supported by tax levied equally on the property of all the inhabitants of the section, there was no privilege to be claimed by OTie, that was not to be extended to all ; that if the trustees resolved to exclude one catechism, they must exclude every catechism,or if they resolve to admit one, they must admit all. One of the trustees being a Protestant told me at the close of the visitation that I he knew nothing about it, and had never been consulted on the subject ; afterwards on the same day, he told me that another, (a Roman Catholic) told him that he had not been consulted — I then told him, that the teacher in that case had told Mr. Bowes and myself a lie, and had slandered them, and that the only evidence of the truth of what he now reported to me, would be the dismissal of the teacher; he and that other trustee being a majority, and that having the clearest and most satisfactory e vi. (ience of his having lied, and slandered them, they ought to dissmiss him, and the Protestants would be satisfied. Instead of this, these same two trustees together with the third, engaged the same teacher for ano/Aer year, (on that evening or next day.) In these circumstances, Mr. Bowes, and fourteen other families petitioned the I township council to be acknowledged as a separate school. Upon the second Wednesday in January they met, elected three trustees ; agreed I upon a site for the new school house, which is now being erected, and they expect to have a teacher during six months of the present year. I have the honor, &c. (Signed) I The Rev. E. Ryerson, D. D., Chief Superintendent of Schools, Toronto. W. LOCHEAD. Local Supt. f*i^ 162 JVb. 106. The Trustees of the Protestant Separate SchoolJVo. 5, Osgoodel to the Chief Superintendent. Continuance of the separate scbool, and llabilitv of its supporters for public school rates. [L.S.47M,1854.] . j ^ , T West Osgoode, Cableton Co. ^.,' /'v . ■ ■^ y ■/.. ,.;,f i-.j; i - ■ -;!.o '-.MM-rnv?^' ^l*/ December, 1854. Dear Sir, We the trustees of the separate Protestant school in section No. 5 in the town-l ship of Osgoode, would humbly solicit a reply from you to a few questions which we[ have to propose : — In the year 1852 the Protestant Inhabitants of section No. 5 con| sidering they did not receive justice from, the Roman Catholic teacher employedj legally separated from the Roman Catholic inhabitants, built a school house anq have since maintained a separate school. The first question therefore is : — If the Roman Catholic trustees have a ProJ testant teacher in their portion of this section, will we be compelled to close oun ; school, and assist to pay their teacher ? And again: — The school house in thef Roman Catholic part of this section was built before the township was apportioned .into school sections, and is now sadly out of repair; and likewise the occupier ol the land on which the school house is erected cannot give a deed for the site of thq house ; therefore we do not wish to repair it, as we are uncertain how Ions: we cai) keep it ; but, however, if we are compelled to unite t^ain with them, will we bd compelled to hold the school in their school house, or in the one which the Protestani inhabitants have erected? If it is determined by the majority of the inhabitants in the section, the Protes-j tant inhabitants are by far the most numerous. Please answer our letter as soon as possible as we would M'ish to have youij . answer before the annual school meeting. /,i . y J: , , We have the honor, &c. '• ' ' « . t JOHNC. BOWES, (Signed,) BENJAMIN WRIGHT, }- Trustees. ^^ ' * * GEORGE KERR, TheRev. E. RvERsoK, D. D., < -.,., Chief Superintendent ol Schools, i^ Toronto. "1 < 1 -:»«.'*' ■■ •t r-^l 163 LVb. 107. The Chief Superintendent to the Trustees of the Protestant Separate School JVb. 5, Osgoode. The Separate school continaes as long as supporters desire ; but its house may be used for a public school if the inhabitants wish. |pf0.2iM.] . , i . I'T'c) . Education Office, Toronto, ilh January, 1855. Gentlemen, I have the honor to acknowledge the receipt of your letter of the 2lst ultimo, I and to state in reply that when a separate school is once established I do not think its continuance depends upon the reliffious faith of the teacher of the common school. But if the majority of the inhabitants are Protestants, and it is proposed to [ employ a Protestant teacher, the trustees can use the Protestant school house if they think proper, provided a majority of the electors at a regular school meeting agree to the change of the site of the section school house. See proviso in the 6th section of the supplementary school act. 'V •/'•.\<>. , ' I have the honor, &c. ' (Signed,) E. RYERSON. Messrs. John C. Bowes, •*> ,, Benjamin Wright, and i-f-.; ; ,, ,. George Kerr, Trustees Protestant Separate School, ^ No. 5 Osgoode, West Osgoode. I M. 1 08. The Trustees of School Section JVb. 5, Osgoode, to the Chief ' Superintendent. Continuance of a separate school in a section after employment in the public school of a Teacher of the same faith as Separatists. rLR.329. 18S5.] Sir, Osgoode, I6th January, 1855. In December 1852, 13 heads of Protestant families in school section No. 5 in the township of Osgoode. petitioned the municipal council to set off their property for a separate school, (the teacher being Roman Catholic) which was granted. This so enfeebled the section that we have had no school this last nine months. Previous to the last annual school meeting we agreed that we would engage ^ Protestnnt tencher and thereby remove ^he obstacle. .1 Ml ■; Iff ■111 164 At the last annual school meeting it was unanimously agreed that the teachen salary and all other expenses attending the support of said section should be raised by a tax upon all rateable properly within the section for the year 1855. Now we beg you will be so good as to let us know, if the property set off foij the separate school can be taxed this year as part of the section. They will oppose it if in their power. We have no teacher as yet. Pieusd address your letter to Gloucester Post Office. We have the honor, &c. ' '^'' NICHOLAS MURPHY, (Signed,) WILLIAM CLELAND, [-Trustees. ■ " WILLIAM MUNRO, ) The Rev. E. RvERsoN, D. D., Chief Superintendent of Schools, , , ^', i Toronto. JVb. 109. The Chief Superintendent to the Trustees o^ School Section J^o. bl • .^ ..,...,..,,. . I Osgoode. Sepatate school continues, and its supporters are exempted from public school rates, if its Trustees emplo]| a Teacher for six months of each year. I:No.867,N.] ■•;-.>(-,„.■ .,Ui'-=,,- ; '•.'..■! I Education QpncE, Toronto, 24■=': 'i -(vVVsA Must they petition the town council again, or can they go into operation in |eonsequence of the old grievance being repeated ? I have the honor, &c. ,•: (Signed,) WILLIAM LOGHEAD. |The Rev. E. Ryerson, D. D., , Chief Superintendent of Schools, ., ,, Toronto. \Ko 111. The Chief Superintendent to the Local Superintendent of Osgoode. llXo. 671, N.] I Sir, — The Sep»r;ito school when established, continues as long as its supporters desire. Education Office, Toronto, I9th February, 18.j5. I have the honor to acknowledge the receipt of your letter of the 10th instant, land to state in reply, that when a separate school is once established, it may continue (i! 166 IIS long as the parties establishing it desire, whatever may be the faitn of the teacher » mployed in the common school. This I have communicated to the parties whom you mention. ■i^ 1 ' ' < I have the honor, &c. (SignedjN E. RYERvSON. The Rev. William Locuead, Local Superintendent of Schools, Town.ship of Osgoode. School Seriion No, 10, Kitlej. (Ctmnty ofLeedt.) ' I No. 1 12. The Teacher of the Roman Catholic Separate School No. 10, Kitley, to the Chief Superintendent. Complaining of Ln;al Superintendent's not paying him the Municipal School rate. :L. R, 8ii), 185*.] .. r : KiTLEY, \Ath February, 1854. Reverend -Mi;, May I hope you will take my case into consideration and have it adjusted, as I am but very poor to tell the thoughts of my mind in writing? I hope you will excuse !ne if .iny fault is inserted here, but to make a long story short, I will open on my subject — I have taught school in separate school section No. 10, in the township of I Ivitley, in tiie year 1853, for ten months. I got government money £5 12s., and for municipal assessment only £3 10s., to collect the municipal assessment w^as left iii the hands of tlie township council, as usual, and the Inspector has not given me my apportionment, the average attendance for the last five months and seven days were 39 pupils: I expect you will shew favor to me and have me to get my right; the plea the Inspector had, that I did not give in the semi-annual return in time, and also that the number of children in attendance were not in the school. These are the grounds on which he has not given me my apportionment ; he j ini■ find reverend sir, it lies in your power to give me my money, which I hope i?!^,ouvvi!). Adieu, reverend sir. I remain, (Signed,) EDWARD CAREY. |The Rev. E. Ryerson, D.D., . < ' ,, , - / Chic;" Superintendent of SchoolF, Toronto. P.S. — I gave the' Inspector the semi-annual return on the 15th January, 1854, jit is what kept it so long was, because I was not well, and has always only very poor health, the annual report has been given as usual. N.B. — The cheque the Inspector gave me for £2 10s. currency, on the township I sub-treasurer, I have it yet, until 1 get the amount of the municipal assessment ap- portionment of money coming to me, when I do, I will give it to him; he caused myself to write it, and then he would not sign his own name to it, but got his daughter I to sign the order, this does not look well, so I hope you will see to it. The Inspector thought, I believe, he would get me in a snare, but he did not ; I for the last half year of 1853, I have been wronged, and for the first half year of , I have also been wronged, that is, for the number of months taught in these I respective terms, to be baffled out of part of my earning, so reverend sir, I trust you I will order me my lawful share of money. Mr. Samuel Graham is not Inspector this year, but he has the account as yet. (Signed,) EDWARD CAREY. i I ^^1^ • ■ |.Vo. 113. Tht Deputy Superintendent to the Teacher of the Roman Catholic Separate School JVo. 1 0, Kitley. . » Appellant must notify the party against wiiom he complains. INo.745, K.] Sir, Education Office, Toronto, ^'ind February, 1854. I have the honor to acknowledge the receipt of your letter of the 14th instant, and to state in reply, that from the printed regulations of this department (on the . fi* 168 4th page of this letter)* you will perceive that I cannot entertain your complaint, until I hear from the party of whom you complain. I have the honor, &c. (Signed,) J. GEORGE HODGINS, ,i J >. ' 1 -'t IJeputy Superinteniient. Mr. Edward Carey, Teacher K. C. Separate School, No. 10, Kitley. <:c\>y i\< :,■:>. J\o. 114. The Deputy Snpei'intendent to the Local Superintendent of\ Kitley. For Report on the complaint of Teacher of the Separate School. [Nr, 7«, K.] Sir, . I . . , I i < > • 1 Education Office, Toronto, 22nd February, 1854. 1 will thank you to return me the enclosed at your earliest convenience, with such remarks as may appear to be necessary.f From the 4th section of the supplementary school act of 1853, you will perceive that '* separate '' schools are not entitled to any part of the municipal assessment. ;. • I have the honor. &c. <■ ■ - V >• (Signed,) J. GEORGE HODGINS, ' Deputy Superintendent. Samuel Graham, Esq., Local Superintendent of Schools, r',.; — •- •■ Township of Kitley. JVb. 115. The Local Superintendent of Kitley to the Chief Superintendent. Legislative Grant and Municipal Assessment have been paid to the Separate School in the same ratio as to Other Schoolf. tU R 810, 18M.] Kitley, ISth March, 1854. Reverend Sir, > I have the honor o.'' acknowledging the receipt of your letter bearing date 22nd February, 1 854, and in reply I have to apologize for delay, as it did not come to • Sec regulations in regar'J to appeals in note on pages 43 and 69. f The letter from the oomplaiuing teacher, No. 112 an■ >• T ■ ; '■' • He visited this separate school section, No 10, in midsummer, and the attend- ance was only eight or nine pupils when he came, on account of the day being wet; 171 Ibut after he examined tlu! scholars there were a grcaf many more ; his other vi«it Iwas in the month of Dicomher, he cunio on n hard, cold, f'rei-zing day, there were Inot many in uttcmdiince, the term lor which I was employed was expired a fortnight Ibefore he came, so I kept no account of the children atteriding school them days, he liaid he would not credit the average attendance. I done as he told me in all cases. He thought he would get me into a gin ; hut 1 not succeed in so doing; I think he will say everything he can remember con Iceming me as relating to the school. I would have written these few particulars in my formei letter, but I did not llhink of them, so I hope you will do justice for me as I am tired, I got more trouble Itoget this money thiin its value is worth, 1 went to Mr. Samuel ( raham many a Icold and wet day, and he had not the least compassion for me; I also was at some Lost by him. What do you think I can charge him for my time and expenses? if Isoyour reverence will let me know, I am confident your reverence will let me have I my money, as it's only right the laborer should have his hire, by which you will oblige your humble servant. It's no use to waste too much sweet oil, but I relj on your fidelity, dear and reverend sir. I remain, &c. (Signed,) EDWARD CAREY. |Tlie Rev. E. Ryerson, D.D., Chief Superintendent of Schools, Toronto. P.S. — The number of the last letter you wrote to me by your secretary, was I No. 74.5, and the letter I wrote to you was dated for the 14th of last month, the copy 0.'' which I lost, Mr. Graham said he would write to you. Whether or no, I expect you will tell him to state why he has kept mv apportionment of the municipal assessment money, and also I hope you will order him to give it to me before this I month is expired, because if not there will be a delay again. , (Signed,) EDWARD CAREY. If'" J\'b. 119. The Chief Superintendent to the Teacher of the Roman Cafholic Separate School, J\o. 1 0, Kitley. Reliable evidence must be procured to prove the large School attendance claimed for [No. 995, K.] Sir, EoucAxroN Office, / Toronto, 25/A March, 1854. I have the honor to acknowledge the receipt of your letter of the 13th instant, and in reply to enclose you a copy of the letter, I have addressed to your local superintendent on the subject of your representation.* You do not say whether you • No. nn ante. [No. 994, K.] km.. 172 kept. H daily register of the attenlaticc (»1| pupils in your school us rcquireu * " 'aw. ^B *r/j 12 containing the names and attendance of each pupil ; iind that this has been r>ti^»ted by your trustees us well as yourselt. The averajro attendance which you state is so much larger than that of schools generally, much more of sepiiruti' sohouls, timt 1 should suspect the correctness of ■ [No.iosa. your return very much, unless J were satisfied of its correctness. The attendance of both days that the local superintendent visited your school, is in such direct contrast vviih your stutumeuts, (notwithstanding your excuse about the bad weather) that I should doubt the correctness of your returns without strong corrol)urating testimony and circumstances, among which your daily sobool register throug tout the period in ((uestion should be indispensable. j»»."<.i-' Mr. Cdwaud Carey, Teacher R. C. Separate School, I\o. 10, Kitley. I have the honor, &c. (Signed,) E. UYEUSON. JVb. 120. The Ex-Local Superintendent of Kitley to the Chief Svpcrin- "' ' tendent. fL. R. 1907, 1851] Reporting settlement of dispute with Carey. , Kitley, 10//i April, 1854. Reverend Sir, With respect to Edward Carey, I cannot conscientiously think him entitled to more than £2 10s., being the amount of the chequf T gave him, which he was then well pleased with. My report shows the state of his sciiool, haviug visited it twice in five months of the last half-year. Should he trouble you again, please write to my successor, Mr. Ferguson, Kitley post ofiice, as he (Carey) thinks I am prejudiced against him. I have the honor, &c. (Signed,) SAMUEL GUAHAM. The Rev. E. Ryerson, D.D., Chief Superintendent of Schools, s . f. Toronto. . i ': I ■■ ■ i 1 ■ 173 iVo. 121. The Chic/ Superintendent to the Local Svpeiintcndcnt of Kitky. IiiraatlgAtluu of coniplaliit uf Toao'.ior of the Heparuto School. [Ko.lOS8.t.] ft Sir, i , , ,' i ■ Education OrricK, ,. , ■ ' Toronto, nth April, 1854. Your predecessor, Mr. Samuel Gralimn, ha.«J requested mo to desire you to investigate the doings of Mr. Edward Carey, a teach«?r of a separate school in the township of Kitley, as lie (Carey) thinks that Mr. Graham is prejudiced against hint, Mr. Graham has doubtless provided you with copies of the otHciaj correspondence between hhn and this department on tlie subject. I have the honor, «kc. (Signed,) E. RYEUSON. Robert FERflufloif, Esq., • . Local Superintendent of Schools, ' ' Township of Kitley. ^0. 122. The Teacher of the Roman Catholic Separate School J\/o. 10, Kitley, to the Chief Superintendent. Further about complaint, and requesting ioTestlgatiou by newly appointed Local Superintendent. " [U B. 19W, 1864.] KiTLEV, ]Uh April, 1854. Reverbnd and Dear Sir, I have the pleasure and honor to have received your letter, dated for the 25th of la.st month, I am very sorry to give you so much trouble about so small a trifle of money, and it lawfully due the school ; I went to Mr. Samuel Graham, the local superintendent, and he told me not to go to him any more demanding the money due the separate school section No. 10, in Kitley. I don't know what to say, if things carry on in this way ; poor teachers may as Well give up the idea of teaching. Altogether he does not much care about the laws of this country, I believe he sets her most gracious m^esty's power at deOance ; such a clubbing system I don't like at all. I went twice to him since I received your last letter, and it's of no effect ; I suppose he told you that he would get witnesses to prove that my account was not correct, as relating to the school returns, and also that the trustees were illiterate men, and that he did not wish to have them brought before a magistrate, and fined for wrongly signing a false report ; I believe he would do it if he could. t ft. i . '1 ' ♦■ 174 I have a register for this scuool and also the names and addresses of the pupil as for testimony, what nn.ore can there be done than is? I don't see it required, only want the benefit of the laws of my country and its protection, and nothing else! He does not value your reverence's instructions to him a great deal, but if von order Mr. Ferguson, our present superintendent, to see me justified, I think he wil| do it, and give the sum due the separate school section No. 10, in question. Mr Graham has given me very abusive language, have given me a great manj journeys to him, but of no avail ; am at great expenses in comparison to my pooJ means, but the Lord him lor it, he has said some things not very agreeable i there is no use in using rough means, the easiest is the best, but hope you will use some measure that may get my money and have no more trouble about it. The number of your last letter was 095, and wish that 1 may have no more trouble with this affair. Mr. Samuel Graham has the account as yet. Your reverence should put an end to this at once, and cause me no more trouble, if I went working at any otheil sort of labor I should get my wages at the time I would have earned it, but 1 ani now treated like a poor slave. Oh, good fortune turn on me, and don't fonsake mej Excuse me, reverend sir, for this expression. Direct to Edward Carey, teacher of separate school section No. 10, Kitley. Your last letter was No. 995, written by yourself, your reverence, and that^ written by your secretary, was 745, so I expect to see all things right by your next letter. Reverend sir, money so hard earned should be got when due, I cannot express the state of my mind with how I am served, there is no use in giving vent to one's mind only to make bad worse ; going a journey of nine or ten miles does not agree well with me, and that double to the house of Mr. Samuel Graham in cold and wet weather, several times done this, and all to no purpose ; if your reverence orders Mr. Ferguson to give me the cheque for the last half year of 1853, he will do it. > I remain, &c. (Signed,) EDWARD CAREY. The Rev. E. Ryerson, D.D., Chief Superintendent of Schools, Toronto. .- , P.S. — Your reverence told Mr. Samuel Graham to give me the cheque on thel order of the trustees, and to pay the sum due the separate school in question ; no, j he would not put an end to this epistolary correspondence all at once, and let it bel on the one side or the other. Reverend sir, I believe Mr. Samuel Graham could not pick any false evidences! to false swear for him as to the returns I made belonging to separate school sectionl No. 10, Kitley. Oh why, why, alas, alas, woe, woe, many are the changes in this] world ; look to the revolution of time. ^ ■ (Signed.) EDWARD CAREY. 175 |jVo. 123. The Chirf Superintendent to the Teacher of the Roman Catholic Separate School, JVb. 10, Kitley. [No. 1032, L.] Sir, Complaint to be investigated by the present Local Superioteudent. Education Office, Toronto, 17/^ April, 1854. I have the honor to ackhowledge the receipt of your letter of the 4th instant, and to state in reply, that I have requested your present local superintendent, Mr. Ferguson, to investigate your claims to a larger apportionment than has been allowed by Mr. Graham to the separate school of which you are a teacher. I may add that Mr. Graham, so far from evincing the calumnious spirit so manifest in your letter, has requested me to desire M». Ferguson to dispose of the question relative to your claim, as you supposed that he (Mr. Graham) was prejudiced against you. 1 have the honor, &c. I ' (Signed,) E. RYERSON. Mr. Edwarp Carey, Teacher R. C. Separate School, No. 10, Kitley. ' ' . ' I--' ■if ■: . 'f:'-' ', r:'>,'i) ■ V' t=^? 1 ■?■?■■ si) JVo. 124. The Local Superintendent of Kitley to the Chief Superintendent, Result of iovestigation of Carey's complaint '■■■'■ [La. 2819. 1851.] ' ' ' ' ' ■ KmiSY, {no date) Reverend Sir, Having received a communication from you stating that I should settle the affair that is now pending between Mr. Graham, my predecessor in office, and Air. Carey, teacher of separate school section No. 10, Kitley, I wish to give you all ;;he informa- tion I can gain from the parties, and then abide by your decision how 1 am to act. In the first place, Mr. Graham states that he returned Carey's icturn for correc- tion, and according to his statement he has allowed him the sum which he thought was his due, according to the numbers present at the time of his visits. And Mr. Carey states that as Mr. Graham did not make the corrections in the return, he should have paid him the amount due him as teacher of said school. ' '.'.1 i ii^ Hi 11 176 So that for my part I cannot think what to do, as Mr. Graham states the return was incorrect, and Mr. Carey states, if so why did not Mr. Graham correct it? Ac more at pref:>nt. I remain, «Sic. , ,, (Signed,) , ROBERT W. FERGUSON. Local Superintendent.] The Rev. E. Ryersqn, D.D., Chief Superintendent of Schools, ^ :» ' ' Toronto, J\lo. 125. The Chief Superintendmt to the Local Superintendent of KitkyA Decision on the appeal. [No. 1246, L.] Sib, Education Office, Toronto, nth June, 1854. I have the honor to acknowledge the receipt of your letter, without date, (re- ceived the 14th instant,) and to state in reply, in regard to Edward Carey's appeal I against the decision of Mr. Graham, the late local superintendent of Kitley,that Mr. Carey's sending back his returns uncorrected was no correction of it, but a virtual! submission to whatever the local superintendent might decide respecting it; and! that the local superintendent had authority to recognize the return as far as he I thought proper, but was under no obligation to correct it. Nor did his not correcting j it affect his decision respecting it. Under such circumstances, and as the circumstances and evidence are against I the correctness of the return, and no evidence whatever in its support, except the] assertion of the teacher, I think you can do nothing more in the case. I have the honor, &c. ■■Si." - ' ■ r ' (Signed,) Robert W. Ferguson, Esq., Local Superintendent of Hchools, Township of Kitley. E. RYERSON. 177 ^?_i'lV ' , .;;!;'.. »•>,>, School Section INo. 15, Ilallowell. (Cimnly of Prince Edward.) LVtf. 126. The Local Superintendent of Prince Edward to the Chief Super- intendent, Queries respecting a Separate School. '. ' . I ;L,R., 2985, 1864] (;K PicTON, P. E., 2 1st Junc^ 1854. |Rbv£Reno Sir, Will you have the goodness to inform me whether separate school No. 15 Hal- llowell, which has now been in operation two months, is entitled or not to a share of the government money, and likewise exemption from municipal taxation for 1854? I have the honor, &c. (Signed,) ' JOHN B. DENTON, County Superintendent. I The Rev. E. Ryerson, D.D., Chief Superintendent of Schools, C. W. |iiVa. 127. The Chief Superintendent to the Local Superintendent oj Prince Edward. the Separate School referred to vras not reported as such by the former Local Superiateudent. |i!(o.l«9. L.j Education Uff i c:, Toronto, 2iith June, 1854. |Sm, 1 have the honor to acknovirledge the receipt of your letter of the 21st instant, land to state in veply that no reference is made in the local superintendent's report to school section No. 15 in the township of Haliovvell, as a separate school section ; but it is returned as vacant two years. I must, therefore, have further information I relative to its establishment, date, &c., before 1 can answer your questions. I have the honor, &c» (Signed,) E. RYEKSON. |v'oBN Bk Dbston, Esq., Local Superintendent of Schools, County of Prince Edward, Picton* ** ,1 178 JVo. 128. The Local Superintendent of Prince Edward to the Chief Super- inlendent. [L.R.. 1806, 18(6.] Separate School rates on non-residenta. PicTON, Prince Edward, 8th January, 1855. Reverend Sir, An individual who resides without the limits of a separate school section, refuses to pay a school rate on the property situated within. Wi'l you have the goodness to inform me if he can be compelled to pay under any and every circumstance ? I have the honor, &c. (Signed,) J.B.DENTON, Local Superintendent. The Rev. E. Ryersox, D.D., Chief Superintendent of Schools. JVo. 129. The Chief Superintendent to the Local Superintendent of Prime Edward. [No. 237. M.J Sir, Separate School rates can only he levied on supporters of such schools. Education Office, Toronto, 15 Local Superintendent of Schools, County of Prince Edward, Picton. m «>»«. VI; r.V V :>t:\ School Sections Nos. 3 and 5, Sejmour, f Comity of Northumberland.) I. t fn (■, JVb. 132. The Reeve of Seymour to the Chief Superintendent, .'•v:i' EfiV :t of a rcsolutfou to constitute a Frotestaiit Separate School the Public School of the sectioa. [L.B.,1127. -OS.] Sir. Seymour West, 9fh March, 1853. ' n? C" our school sections is in great embarrassment. It appears they had a sctiooi kept by a Romanist } the Protestants petitioned tiie old district council to grant thfun a separate school, which was agreed to by resolution, but the coutici! never pasPi',! the necessary by-law. When the present municipal act came into force, the township council, ignorant of their duties, took no action in the matter. The Protestants in the meantime elected their trustees and commenced the school, under the impression that all the legal steps had been taken by the district council The section, soon finding the expense of keeping open both schools too burdensome, called a meeting to decide which school should be kept, and a resolution -^as carried to support the second established or Protestant one. The difficulty appears to me to be this : that the meeting was called by the trustees of the second school (only one of the trustees of the first established school signing the requisition) ; the minority were dissatisfied with this measure ; upon which the majority named an arbitrator to decide, but the other party did not do so, and nothing was decided. Since then (1850) they have annually elected their trustees, and acted up to the law as near as ihey could. The local superintendent has always considered it as the legal school, and they have had the public money; the Roman Catholics have attended and voted at their annual and other meeting-, and *' is year they proposed and seconded the trustee who was elected, and he u Protestant. Since the establishment of this Kchool, no qualified teacher has beer; .^inployed in the oiiginal school, although they pretend to have annually elected trustees, and also have occasionally hired a female to teach in it at their own expense. It is now necessary to levy some £20 to p«y the teacher of what I call the Protestant or second school established, and the trus- tees being afraid of committing themselves, have applied to the township council, who are equally afraid to do so, as only a few years ago, through a mistake, one of our sections got into a lawsuit which cost them some £25, although they gained the sui\ The parties who oppose the collection are equally Protestants ano Romanists. 181 If, with your usual good nature, you could advise the section, through me, Iiow to conduct the business, we shall feel greatly obliged. ' I hav9 the honor, &o. (Signed,) HENRY ROWED, Reeve. The Rev. E. Ryerson, Toronto. , ' M ■ 7 So. 133. The Chief Superintendent to the Reeve of Seymour, The Tote of a public meeting cannot change a Separate School corporation into a Public School corporation. [No. 188. H.] • -A Educatii>n Office, . Toronto, 2nrf-4/)n7, 1853. Sir, " . I have the honor to acknowledge the receipt of your letter of the 0th ultimo, and to state in reply that, according to your statement, I doubt whether the school to which you refer, or rather the trustees of it, are, in law, any other than trustees of a stparate school, as the law makes no provision lor changing trustees of a separate school into trustees of a school section by a vote of any public meeting. Under the circumstances, I could not advise the township council to levy a property school rate on the application of the trustees in question. If the trustees of what is termed the Roman Catholic school have been regularly elected from year to year, it appears to me that they are the lawful trustees of the school section, and, as such, have of course forfeited all right to the school fund for the current year, as they have not employed a (lualifieJ teacher; nor, as far as 1 know, made their reports according to law. But on this point 1 can form no opinion without further information. I cannot, however, doubt but that if it were agreeil hy all parties at a public meeting, that but one school should be kept open in the section — tliat school, to be regarded as the legal common school of the section, should have been under the management of the Sv. hool section trustees, and not the trustees of the separate school. I have the honor, &c. (Signed,) E. RYERSON. Henry Rowed, Esq., Reeve, Township of Seymour Seymour West. m :W H 'i -l I * ■ U If I ■ >■« 182 JVo. 134. The Trustees of the Roman Catholic Separate SchoolJVo. 3 Sey- mour, to the Chief Superintendent. — That a share in the Legislative Orant may not bo forfeited. [L. A., isas, 1863.] Seymovr West, 13th April, 1853. Reverend Sir, We humbly beg leave to inform you that in the tovvrnship of Seymour, the munici- pal council thereof was pleased in their wisdom to grant a separate school to the Roman Catholics of school section No. 3, in the aforesaid township. We, the trustees of the said separate school section, most humbly request that your reverence will please to take into your charitable consideration, and not deprive us of our portion of the government donation. There are fifteen families belonging to said school section, and said families have twenty-five children that are not able to go to the distance of from four to five miles to the school from which we separated. We hope you will let us know without delay, if we are entitled to our portion of government allowance for the present year. And petitioners, as in duty bound, will ever pray. (Signed,) PATRICK DONA VAN, TATRICK CASSIDY. To the Rev. Egeeton Rvekson, D.D., Toronto, C.W. JVo. 135. The Deputy Supenutendent to the Trustees of the noman Catholic \ Separate School JVo. 3, Seymour. General conditions for sharing iu Legislative grant. [N...388, H.] Education Office, Toronto, 27orted to your local superintendent, yowr school is, of course, not legally entitled to ai lof 1850. Separate schools can only be established and m;ii:itained as provided by Itlie 19th section of the School Act of 1850, and the 4th section of the supplementary lAct of 1853. Two separate schools cannot exist in the same section, one must be Ithe public and one the separate school. The deed of a public school cannot, be either jProtestant or Roman Catholic; and although the trustees of a common school can [hold school property under *' any title whatsoever^' still, denominational restrictions Icannot be maintained in the administration of the trust. It must be held and exer- Icised for common school purposes exclusively. See 3rd clause of the 13th section of ItheSchool Act of 18.50. From your statement of the case, it appears to me that the trustees elected in [pursuance of the action of the township council, and their lawful successors, are the only legal trustees of the school section in question. I have the honor, &c. ,, (Signed,) J. GEORGE HODGINS. Deputy Superintendent. |J, M. Le Vesconte, Esq., Deputy Reeve, Seymour, Campbellford. t "i. Ill 1 |S 1^, ^^^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 ItilM 12.5 itt Ui2 122 ■18 14.0 2.0 1-25 |U 11.6 Illl^^ 1111^= < 6" ► "^ 1/ '^ Photographic Sciences Corporation \ 4 SJ :\ \ «A.^\ 23 WEST MAIN STREET WEBSTER, N.Y. MSSO (716)872-4503 «■ 186 School Section No. 6, Brock. {Countif of Ontario.) , J\fo, 138. Certain Protestant Inhabitants of School Section JVo. 6, Brad . , ; ' to the Chief Superintendent, , . Liability for Separate Scliool Rates. CL.B.. 908, 1863.] . r- ■> Brock, ^6th February, \85Z. Reverend Sir, As a trial of strength between Roman Catholic and Protestant schools \\ likely to take place, we consider it our duty to give you full information of the sub ject as far as we can go. Reverend Sir, — About the fall of the year 1 846, the Roman Catholics composind part of our section, number six, for some reason best known to themselves, left ud and soon atler put up a school-house for themselves ; they then came and tooll from the old school-house the stove and furniture, which they have appropriated l\ their own private use, particularly the stove, and are about to sue for the site, foj which, together with the stove and things connected with school property, th| Protestant community paid wholly for. Reverend Sir, — Some time after thii occurred, the Protestant part of the section petitioned the district superintendent, ii Toronto, for leave to put up a school-house for themselves, which was readilj granted, and was put up at the expense of £50, and yet they say with greaj audacity that we are no school at all, because leave was not asked and granted bf said Roman Catholics for so doing. Reverend sir, within these two years back somi cutting and carving has been made on the section No. 15, and leaves the thred undersigned as yet in the Roman Catholic section, and at present they have put a ta:j on us above our annual tax, for which we do not see any reason for p-'iying such ; tax, as we neither ever were used, nor ever consented, to pay such a tux ; we hav^ many sound reasons for objecting to pay said tax or having anything to do with ther in such matters; pay for their schools to-day, and to-morrow we must pay for theij chapels, &c., till by and by we get quite initiated, and then, reverend sir, where ara we ? By supine servility we lose the privileges that our fathers fought hard to gaiiij Reverend sir, they say they are not a sectarian school, but what else can they he 1 They are Roman Catholics, taught by Roman teachers, they deny the use of thd Holy Bible in their school, they must have certain books in their school ; ami if tliej are not sectarian, we do not know what they are. Reverend sir. tiiis is done wiitj an intent to understand from your reverence whether or not they have the right td levy taxes on us to pay for things we certainly do not believe in. This perhaps mav give your reverence a little knowledge of our position with our Catholic neiglibourl 187 ■in this part of the world. Wii, the undersigned, would be under many obligations I to your reverence as early as possible, as we do not know what course to pursue, to let us know what to do to do right in the matter, au'l your .humble petitioners will lever pray. . (Signed,) JAMES WADDELL, Sen. JAMES WADDELL, Jun • ANDKEW HILL. I Rev. Dr. Ryerson, Chief uperintendent of Education, Upper Canada. I'/. ■•/ \Xo. 139. The Deputy Superintendent to certain Protestant Inhabitants in School Section JVo. 6, Brock, i*/i Both parties must be heard before decision. [No. 118 H.J Education Office, Toronto, 8//i March, 1853. [GeVTLEMEN, '•!" 1 have the honor to acknowledge the receipt of your letter of the 26th ultimo, I and in reply, to express my regret that your inattention to the regulations of this department, printed on the 4th page of this letter,* prevents me from expressing any opinion upon the complaint which you make of the conduct of certain parties in your section. 'a. , i , I have, however, referred your letter to the local superin'. (indent for his repovt |thereon.t I have the honor, &c. (Signed,) Messrs. Jas. Waddki-l, Sen., ' Jas. Waddeix, Jun., and Andrew ITill, School Section No. 6, Brock. J. GEORGE HODGINS, . Deputy Superintendent. i\\ It:- * See the rei^ulatimis in a note on paguA 4tS aud 69. f lu the next letter, [No. 119 U.] No. 140. ill 188 No. 140. The Deputy Superintendent to the Local Supmntendent of BroM For report on aifttirs of No. 6, Brock. [Xo.n9H.] Sir, ,'i,' '.'■ \ • ) ■-■ I ■ Education Office, Toronto, %th March, 1853. I will thank you to return me the enclosed letter from No. 6, Brock,* at your earliest convenience, with such remarks thereon as may appear to you necessary. 1 have the honor, «&c. (Sigiied.) J. GEORGE HODGINS, Deputy Superintendent. Thomas Nixon, Esq., Local Superintendent of Schools, Township of Brock, , , • Newmarket. JSo. 141. The Local Superintendent of Brock to the Deputy Superintendent,] Report adverse to the claims of certain Protestants in No. 6, Brocli. Newmarket, 22nd March, 1853. [L. E. 1258. 18S3.] Sir, I heg to acknowledge the receipt of yo jrs of the 8th instant, which, had II been at home, would have been sooner attended to. With respect to the letter sentl to the education office by Messrs. VVaddell and Hill, my opinion is, that although [ school section No. 6, in the township of Brock, rejoices in the cognomen of tJiel " Catholic section," yet, it must be regarded as a distinct school section, and not asl a separate school in another section. The ^ations in the boundaries of the two| sections, numbera 6 and 15, were male pi .■. ly to my appointment as local super- intendent,and I cannot, therefore give you as much information on the matter, as under I other circumstances, I might have been enabled to do. You may I presume receive from Mr. Elliott, county clerk, a statement of the boundaries of the several school sections in the township referred to, and you can then judge for yourself how far] my information on the matter may be found to be correct. With respect to the stove being taken by a Roman Catholic, from what 1 1 learned in my late visit to the township, I believe the statement relative thereto to ] be correct. In dealing with the subject you will bear in mind that there are Roman I Catholics living within the boundaries of school section No. 15, as well as Protestants | • So. 188, ante. [Letters Received 908, of 1858.] m living within the boundaries of school section No* 6, (the " Catholic section,") and, Jgnder such circumstances, I see no way uf dealing with the matter unless the latholics of No. 15 be permitted to regard themselves as belonging to No< Q, l|\vhich I have been informed some of them do,) and in like manner the Protestants If No. as belonging to No. 15 $ this arrangement if it can be madO) will give the jrrotestant party satisfaction. I have the honor, &c. (Signed.) THOS. NIXON, Local Superintendent. )ck * at yuuiS ...-'. . 1 necessary. | 1 EOROE HoboiNs, Esq., 1 Deputy Superintendent, IGINS, 1 Toronto, C. W. 'intendent. 1 ' ' H ■ . ':"'?. ho. 142. The Deputy Superintendent to the Local Superintendent of Brock* Oonourring In report on claims of certain Protestants in No. 0, Brock. P-iedH.] -(••.'Ui;J erinkndent^\]s,, Education Office, Toronto, %9th March, 1863. 1 have the honor to acknowledge the receipt of your letter of the 32nd instant/ luid on behalf of the Chief Superintendent to conciir in your recommendations in [regard to school section No. % Brock. You can therefore communicate with the loarties concei'ned ih such matinet* as you may see fit. I have the honor, kc. (Signed,) J. GEORGE HODGlNS, , , . , Deputy Superintendent. '' |Thoma9 Nixon, Esqi^ Local Superintendent of Schools, ''js^ Township of Brock, ■, I ,' Newmarket. , . i \h, 143. The Clerk of Brock to the Clerk of the united Counties of toi'ki Ontario and Peel. fat doOttments tilatlng W a supposed Roman Oatli61iG 8et)arate School iti Ko. 6, Brock. Bmock, mh Apnli 1858. t^ Sir, >> 1 am instructed by the municipal council of Brock to communieate with yod on the subject of a Roman Catholid dr sectarian school established in this township. 'Bl 190 They are imposing on their Protestant neighbours by claiming the whole of school| section No. 6, un:l forcing them to support their school, although the Protestants of the above section furnislii^d a school-house, and kept a school in operation for some I length of time. They found it so expensive to support their school on account of the I other school in the same section, that they attached themselves to two other schoolsl which were most convenient for their chil-lron to attend. There have several I complaints been made by the Protestants to the council on the Catholic trustees ;| the council wants to know by your earliest opportunity if you have any documentj in your ofHce, to shew whether the said sectarian school have a legal school sectionsi or otherwise, or any other information you may be able to give on the premises. I remain, &c. • •• ' ' (Signed,) JOHN METCALFE, Town Clerk. To J. Elliot, lisq., Toronto. ■ ' ' ' ' " ' Toronto, iOth April, 1853. Memorandum. — Will ihe Chief Superintendent be so gooti as to advise on the] matter herein contained ? There are no documents on the subject in my possession. ^ . (Signed,) J. ELLIOT, .'''^'' ' ' Clerk York, Ontario (St Peel. I[l, E. 2005, 18S3.] JVo. 144. The Deputy Superintendent to the Clerk of Brock. The case has been reforred to the Local Superintendent for settlement. tNa 270 H.] m :<■.;>''. r'i- Education Office, Toronto, 27/A April, 1863. I have the honor to acknowledge the receipt of your letter of the 18th instant,! transferred to this department by your county clerk, and to state in reply, that as I your local superintendent (Thomas Nixon, Esq.,) has already been written to on thel subject stated in your letter, I would refer you to him for a plan of settling thel difference existing in school section No. 0, Brock. ^ \ Mr. Joim MBtcALFie, Clerk, Township of Brock, Cannington. I have the honor, Stc. (Signed,) J. GEORGE HODGINS, Deputy Superintendent. 191 ,vvif •;;'■!(- School Section No. 11, Wclleslej. {Counly of Waferloo.) : ^ \Xo. 145. The Local Superintendent of IVellesley to the Chief Superin- tendent. !( ! I Distribution of school documents to public and leparato schools. 'iP. |[l. E. 2005, 1803.] Hawkbbvillb Ut June, IS53. IRevbhbno Sib, It is with feelings of deep gratitude that I acknowledge the receipt of your Icorrespondence with the Roman Catholic Bishop of Toronto, in which all his lobjectioiis to the common school system are met in so conclusive a style as cannot to allay feeling of a similar kind, and raise the common school system in the [mind of every candid person. Since I wrote to the Education Office requesting a dozen school registers, I have received ten registers and an equal number of copies of the report of 1851, Ifrom the clerk of the united counties of Wellington and Grey, which I have iistributed among the English schools in Wellesley, so that with the exception of llheJGerraan, the schools in Welleiley and Woolwich are all supplied with registers. n few days ago I had an interview with the Roman Catholic teacher in the separate lichool, No. 1 1, Wellesley, who spoke favorably of the national school books, and Ireferred to the late Bishop Power, of Toronto, who highly recommended them ; on llhe whole he seemed pleased with the school system, and so do all the Catholics Ihere, if their clergy would let them alone. In conversing with him, i found that he llaboured under an impression that partiality had been shown in supplying each of Ithe English schools with a copy of the act in the report of 1850, and a register, Iwhile the Roman Catholic and German schools had been neglected ; I told him that limpure motives could not be attributed to any of the government agents, as I under- litood that reports and registers had been sent from the Education Office to the Iclerk of the united counties of Wellington, Waterloo and Grey, for gratuitous Idistribution among the schools, and that it remained with Mr. Schuler, who was Itheir local superintendent at that time, and who himself became a Roman Catholic, Iwhile in that office, to whom the blame was to be attached ; however, if you could ■send me six copies of the act and six of the registers, I shall see that the German Ischools (which include the Roman Catholic) are supplied also. .U (Signed,) I To the Chief Superintendent of Schools, Toronto. I have the honor, &c. JAMES SIM, Local Superintendent. V -;3S ? t Jl 192 JVb. 146. The Chief Superintendent to the Local Superintendent o/Wellesley.^M ^"^^ 1^^* Fublia and 8epkr«to Sehools ibaro alike in aohool dooumsnti. [Ko. 33S. H.] Sir, I ' ) Education Office:, r Toronto, 15/A June, 1653. [ have the honor to acknowledge the receipt of your letter of the Ist instant, and to state in reply that I intended that no distinction should be made between the German and English, the separate and mixed schools, in the distribution of school I documents. I regret that any omissions have taken place, and I shall be happy to I supply them. I will forward the registers you desire, as soon as the new edition of | thetir is printed^ the old one having been exhausted. I thank you for your kind references to the correspondence. ' '1. V ■Jf^l fj,l', I have the honor, &c. (Signed,) • £. RYERSON. The Rev. James Sim, Local Superintendent of Schools, Townships of Wellesley and Woolwich, Hawkesvllle. ti ,('.^ The [Ko. 1134 L.] Sir, I have and to state I the school s( township CO township, or of the separ The Rev. 3a Local £ To JVbt 147k The Local Superintendent of WeUesky to the Chief Supefin* tendent* ' ^ ' Cab separate (chool limits be estende i to include residents iti other aoliool sections t ' tL.lU 4608, 1864.] HAwRbsviLle, I5th Mat/i 1854. Revgr£nD Sir, The town reeve of Wellesley hds instructed me to submit the following { question to your decision : Would it be agreeable to the Common school act to estdlblish a separate school in a school section, if some of the petitioners were residing in various other school sections? i, t have the hottor, &c. (Signed)) JAMES SiM. ftev; El RYEHsofJrt^. J^M Chief Supetintendentj &(S. • r .. i n.-. }i:. ' 'IJ' ■ li',''A .Tv ..V"l-' iJVb. 149. 3 ItLR-SOHlSU] I Most HoNORi I think il I & school matt lawfully estati this our separ 193 ■IVellesley.U^"*' ^^^' '^^^ CAte/ Superintendent to the Local Superintendent of ^ fVellesley. The llmlta of a Separate School may extend oror the whole township or any part of it. [Ko. IIM L.] .f/ ! jij n» iKUii f./4 I Sir, Education OrrioE, • Toronto, 20f A ATffy, 1854. I have the honor to acknowledge the receipt of your letter of the 15th instant, I and to state in reply that the applicants for a separate school must be residents of the school section within the limits of which they desire a separate school ; but tho township council can extend the limits of a separate school section over a whole township, or any portion of il, as it may think proper ; and pupils of the persuasion I of the separate school may attend it from any school section so included in it. I have the honor, &c. (Signed,) E. RYERSON. The Rev. James Sim, -^^-^ ** - ^. -. Local Superintendent of Schools, » i„. Township of Wellesley, . , . r . . , Hawkesville. "' ^^'^'''^^''^'-''^^^^ \j\H;V^i ^ivl...vr;l M^ •■i^j )','■, i }>,■':,nmr" ....... I Most HoNORAItLB StR, I think it my duty to apply myself to you for a decisive answer on account of I a school matter. We have here a Roman Catholic separate school — section 15— lawfully established in the township of Wilmot, county of Waterloo; and very near this our separate school, are residing some Roman Catholic families, but belonging St. Agatha, County of Waterloo, Bth SeptenJter, 1854. M I&4 to a comtnon school section. These Roman Catholic families desired since long time to be joined to our separate school ; and I wrote on this matter to oar tooal school superintendent, Mr. Martin lludolph. He answered in a negative way, but looking to the supplementary school act of 1853 — especially section 4 and 12—1 cannot restrain myself from thinkini;, that those Roman Catholic family-fathers have a right, accordin^^ to the law, to join our separate school. I take, therefore, the liberty to be^ your honor to solve my doubt) and to inform me whether they can be united with our separate school or not. Expecting that your honor will shortly favor me with an answer. I am, dec. (Signed,) RUPERT EBNER, S. J., Roman Catholic Pastor of St. Agatha. To the Hon. Eqgrton Rvbrson, D. D., Chief Superintendent of Schools, .^ ^ Toronto, C. W. I tl .n II- .I--.. I /Jii !<, ;li J ./.V'iUiMT .:\ I. .--U^:^' JVo. 150. The Deputy Superintendent to the Roman Catholic Pastor of IVilmot, Both tidei muat 3« beard before deoiiion. |[No.l834,M.3 tSlR, Education Office, Toronto, I8//1 September, 1854. I have the honor to acknowledge the receipt of your letter of the 8th instant,! and in reply to express my regret at not being able to give you a decisive answerl in regard to the point which you submit, in consequence of your apparent neglect! «f the regulations of this department printed on the 4th page of this letter, and in| 'the annual report for 1852, page 275.* 1 have, however, enclosed your letter to your local superintendent for his expia- (nation and report. I have the honor, &c. y. : -*''•^t■^^«W H- ^ nu (Signed,) J. GEORGE HODGINS, ^m ;^ir^^^.6 ivo Deputy Superintendent. The Rev. Rupert Ebner, S. J., . , ■, . ^. R. C. Pastor, Township of WilmoL' ,, • ' • , ' .,. ' St Agatha. * Ite the regulations in a note on pages 48 and 09. " c *''* ' >> -' iifci i-i y^.twi^ *»«■ 105 LVo. 151. The Deputy Superintendent to the Local Superintendent of fVilmot, Education OrrioB, Toronto, 18/A September, 1854. Comptftlnt of the Re?. Rupert Ebner, S. J. iP(.i8M.M.] _^ ;.^"|;.' ,,,,„,...,, I have the honor to request that you will, at your earliest convenience, return I me the enclosed letter from the Rev. Rupert Ebner, S. J., with your explanation and I report thereon. , , I have the honor, &c. f; rf- . . f (Signed,) J. GEORGE HODGINS, v Deputy Superintendent '/ IMartm Rudolph. Esq., ■' ' ''" " ' ♦' '■" ^ Local Superintendent of Schools, ' «^ "^ ' •' * ' '■-''' ' ' ' '' ' ' " " •Hit Township of Wilmot. v..».!vT] >•• r - 1 . v- f : ^' V .! -'o.v ,,,.„ . .■-•.." !(,f> .•,■'--. -i' l-"f i ' .■(^~f ..?» Jo. 152. TAe Local Superintendent offVilmot, to the Deputy Superintendent. hi. &. 3965, 1864.] Sir, Hu adviied (bat Sf pw«(« SohooU oannot extend their powers beyond limits. L.ih Hambubo, Wilmot, 20th September, 1854. I beg to acknowledge the receipt of your letter of the 18th instant, together with I a letter from the Rev. Pater Rupert Ebner, and beg leave to state : The township of Wilmot is divided into twenty school sections; in one of them (section No. 1.5) is a separate school for Romavi Catholics established. The Rev. Pater Rupert Ebner, a Jesuit of the purest water, labors again under the impression, that all the Roman Catholics in the township of Wilmot have the privilege to be exempted from all taxation for common school purposes, so soon as they send their children to the above mentioned separate school, or declare that they support the said school. It is my opinion, and that of the board of public instruction for the county of Waterloo, that the common school act of 18.50, as well as the supplementary school act of 1853, are so plain and clear in regard to separate schools, that it is quite impossible to give them another interpretation, namely, that the privileges of any separate school cannot be extended beyond the limits of the division or section in which such I separate school is established. The section 4th of the supplementary school act, to which the Rev. Pater refers, I speaks only of cities, towns, or incorporated villages, and school sections, but not of I'M 100 townships, and thnretbre pernon^i living in another anotion than iinch in which Keparate sohooi is eatablishod, they never can be exempted from paying Hchooj taxei in their own section. The section Itith of the same act, to which the Rev. Pater nlso rcfbr.<*, reads: but this cliuiMo flhall not be held to apply to persons sending children to, or supportin^f "separate schools." This only oim mean, if there is such a suparatn scliool in the section, or the section Ih included within the limits of a separate school. The common school act of ISftO, section 10, «tipuliit«!N that in estiiMishing separate schools, "the limits of the divisions or sextions for such schools shall be pre- Mcrihed.'* The limits of the established separate sohooi for the Koman Catholics in tlie| township of Wilmot, are those of school section No. 15, in the said township, and therefore this separate school has no power to extend its privileges beyond its limits; which would be over the whole township, and even over the whole county oil Waterloo, as the Rev. Pater Ebner would like to do, and to which he would have i perfect right, if it was allowed to bim to extend the privileges of the separate 8chocl| in school section No. 15, over the aiyoining sections. In the month of Feb'-uary last, a correspondence took place between the Rev.l I'ater Ebner and myself, on the very same subject. I stated to him my own viewsj of the meaning of the acts, and projwsed to him to lay the matter before the Chief Superintendent for his decision, if he (Pater Ebner) should not be satisfied with myl interpretation of the acts. Pater Ebner admitted then, that he was fully convinced! that the views I had were correct, and therefore the matter rested. But now, as itl ii* the intention of the Roman Catholics in school section No. 15, to build a newl school house, they wish to lay this burden on as many shoulders as possible, andj therefore, to extend their separate school over the whole township. All the schools in the township of Wilmot, are not so troublesome as the one separate school we have, and I hope the day may come soon, on which such insti-l tutions are unknown to the people of Canada. ''n,i.-.r>t I have the honor to return Pater Ebner's letter, and remain respectfully. Yours, dec. (Sign-d,) MARTIN RUDOLPH. ■^r To J. George Hodoins, Esq., Education Office, . Toronto. ' »h -^■'.<\M i;'i, (•(.■.;: -i';^ 1-' ^'^'^ h P.S. — I wish you would have (he kindness to' inform me if I am right or wrong| in my opinion. .;,:-.,.! : . . .^-r;; j^j^ p^ vi>|U;' *'"5j ■'! i' 3 jn '.. 7u; [I. R. 4071, I8M.] 107 JAo. 153. The Roman Catholic Pastor of f^Vilmot to lu Chief Huperin- tendent. l{l.R.40TI,1IIM.] Will uotlfy ih« LuckI Supurin Undent of bia >ppul. i . St. AttATiiA, 28 .'•......., 21 th November, 1854. HoNORAtiLB Sir, It was on the 8th of September that I wrote a letter to your honor, to beg your advice in regard to some Roman Catholic family-fathers residing in the common ^J^ :l 198 school section No. 14, and desiring since long time to be joined to our Roman| Catholic separate school, No. 15, the limits of both sections being contiguous. I received from your honor on the 18th September, under the number 1834, anl Answer to my previous application, in which you expressed your regret at not beinorj able to give me a decisive answer in regard to the submitted point, in consequencel of my apparent neglect of the regulations of the department of public instructiot printed in the annual report for 1852, in this your letter was signed the name of J.| George Hodgins. About two weeks (I cannot exactly recollect) after having received this replj I wrote again to your honor, in accordance with all the regulations for such commu- nications ; especially I took care to transmit an exact copy of my letter to our locall superintendent, Mr. Martin Rudolph, but since that time I received no answer atl all from your honoi, neither received such one the local superintendent, as he latelyJ on my request, in.ormed me. I take therefore the liberty to beg again, your honor,! to give me a decisive answer ; whether the Roman Catholic families, according to ]aw, can or cannot be joined to our separate school section No. 15. • ., i ,, ,i , V, • I have the honor, &c. ,.,,.. ; (Signed,) 1 1 RUPERT EBNER, S. J., Roman Catholic Pastor of St. Agatha. The Hon. E. Ryerson, Chief Superintendent of Schools in Upper Canada, Toronto. JVb. 155. The Chief Superintendent to the Roman Catholic Pastor oj Wilmot. Separate Schools have no authority beyond their section, but the Township Council can enlarge the limits. [No. S4M, M.] Education Office, Toronto, Qth December, 1854. Sir, I have the honor to acknowledge the receipt of your letter of the 27th ultimo,! and after having perused the correspondence to which it refers, I have to return youj the following answer on the question which you have submitted : The 19th section of the school act of 18.')0, and the 4th section of the .supple- mentary school act, provide for separate school sections, to which limits are to be I prescribed, the same as to other school sections; and all the subsequent provisions! of those sections ol the act, are based upon the existence of separate school sedJO«s,j &6 well as of other school sections. 199 Tge the limits. Now, if the supporters of a separate school beyond the limits of the separate I scliool section are entitled to the same exemptions as residents in such section, it is needless and absurd to prescribe any boundaries to such section. And if others than persons resident in a separate school section are to he exempted from the payment of school assessments, how shall the municipal coutioil know them? The exemp- tions of the supporters of a separate school prescribed by the 4th section of the supplement) ry school act, relate to those who reside within the limits of such section. The only other exemptions are mentioned in the 1 2th section of the supplemen- I tary school act. The object of that section was to prevent the sending of children from the school of the section in which they reside to the school of another section ; and it therefore provides in case of their doing so, that their parents shall pay the same school rates in their own section, as if they sent their children to its school. But it specifies two exceptions to the application of this rule : The one is in regard to those parents who have taxable property in the sectici. I to which they wish to send 'their children, and in which they do not reside. But it will be observed, that such persons are not exempted from paying school-rates on their property situated within the limits of the section in which they reside, and for tlie purposes of that section ; they are only exempted from their payment of school- rdtes imposed in consequence of their sending their children to its school. Rates on {properly in a school section are levied on the property of such section, according to the assessor's roll, without reference to the owners of it sending or not sending to any school, and even without reference to their residing or not residing in the section. — I (See 22nd section of the supplementary school act.) The second exception made in the 12th section of the supplementary act, relates I to those parents who are supporters of a separate school, and who have the same exemption and privileges as persons owning property in another section than that ill which they reside. They can send their children abroad to school and be exempted from paying rates for their attendance at school at home; but are not exempted from school-rates levied on property. The 12th section of the supplementary school act has no reference to school \ assessments levied by the county or township council, for making up its part of the general school fund ; nor does it relate to any school section rates, except those which I are imposed for the attendance of children at school. The cause of this section of the supplementary school act will at once show its I scope and design. It happened in several cases, but especially in the township ot Scarborough, near this city, that of two school sections situated beside each other, the one had a. free school and the other a rate bill school. Some of the resident voters in the latter, strongly and successfully insisted at their annual school meeting upon having their section school supported by rate on parents sending their children to the school. Immediately after carryin"? this vf»te at their annual meetingof their own section, these parties sent their children to the free school of tlie neighboring section, where there was no rate for children atteniling the school, and for the sup- port of which no property could be taxed except that which was situated within the I section of such school. Thus these parties got their children taught for nothing, and 'V" 200 escaped paying any school-rate in either &%,otion — having voted against a property rate in their own section, and not being liable to one in the neighboring section. The 12th section of the supplementary school act was intended to put a stop to such a proceeding, and to protect the interests of each school section, — exempting only supporters of separate schools and persons paying property school rates in more than one section, to exercise their discretion as to which section they would send their children to school, without being liable to pay the rate for their attendance in any other school section. Jf the parties to whom you refer wish to be included in the separate school section of which you speak, let them petition the township council to enlarge the limits of that section so as to include them. ■:»u :u ;'f.;.'j t;( i':);r/'. I have the honor, &c. The Rev. Rupert Ebkek, S. J., R. C. Pastor of Wilmot, iSt. Agatha. (Signed,) E. RYERSON. li'ii' .■j;; ii.' •;^r^■ t) ^iiiM '.'if'ii'i \; 7i!'- <■:■., ,j-'.! iiM-' ■)■! -'■.liU •,■.»■■;,> ,11 I'j *t: . ' , *'. "wUi'l'i-.i-' ..»l " ,..■ 1 = if-.i-.l': School Section No. 4, Nichol. , _ i,,^ {Countj/ of Wellington,) .. 7.' !■ JVo. 156. The Clerk of J\richol to the Chief Superintendent. [L.R., 3030, 1853] How Separate Schools should be established. Fefgu3, Township of Nichol, 22nd ]\ovember, 1853. Reverend Sir, As 1 am aware that on all matters connected with tlie working of the common school act you are willing to aflibrd advice, I beg to trouble you with the following communication. In a part of this township there are several Roman Catholic settlers, who have, I understand, occasi'tnally maintained a Catholic school, although not set off into a separate section or division, according to the condition specified in the 19th section of the act of 1850. About the middle of July last, a perscn named Greene, residing in the adjoining township of Piikington, handed me a written notice, of which the following is a copy : — " "Nichol, July Wh, 1853. « Mr. James McQueen, Town Clerk of the township of Nichol, "Sir, " This is to notice you to call a school meetinjj at the school-house on lot No. 1, 1 8th concession, township of Nichol, formerly called No. J 3 school section, for the 201 purpose of electing e ''^oard of trustees to establish a Roman Catholic separate school in said school-hod^^ . accordance with the present act of separate schools in Upper Canada. *♦ Yours truly, in behalf of the inhabitants of said school section. (Signed.) JOHN P. GREENE." When Mr. Greene called upon me. I examined the June number of the Journal of Education, which I had just received, and found that it is in villages and towns not divided into wards, &c., that it is the duty of the returning officer to call the first meeting for the election of trustees, and consequently did not consider it my duty to call the meeting, as by reading your remarks I perceived (page 88 of the Journal referred to) that separate schools can only be established, still, under the conditions specified in the 19th section of the act of 1850, which requires an application in writing from twelve or more resident heads of families to the munici|)al council, to authorize the establishment of separate schools. Now, although Mr. Greene slates ill his notice that it is in behalf of the inhabitants of said school section, I did not consider a notice signed by one person, in behalf of others, an application according to the act, and besides, the notice was merely to call a meeting lor the election of trustees. Whether they called such a meeting themselves, I do not know, but 1 understand a separate school is at present in operation, and am informed that the parties sending children do not consider themselves liable to pay any tax imposed by the trustees of the section for payment of the Protestant teacher, or any general school rate ; no return has been made to me by the superintendent, or any one else, of the names of those sending children to the separate school, and as 1 am now pre- paring the collectors' roll, my object in writing you at present, is to ascertain whether J am justified in including all in the general school rate, ^-c. If not too troublesome I shall feel highly obliged by being favored with your answer, as early as possible. I have the honor, &c. ' ' (Signed,) JAMES MrQUEEN, Township Clerk, Nichol. P.S. Supposing a separate school had been lawfully established, or set off, in the month of July, would it affect the present liability to a general school tax. :!l' ' .1,.' ■ I JVo. 157. The Chief Superintendent to the Clerk of Mchol. A Separate School must bo established on application from 12 heads of fiimilies and go into effect 26th December next after. [No.701.1.] ' _ '•' ■' ■■; \ liOrcATioN Office, • ■ , '• Toronto, 24/A JVbumfcer, 1853. I have the honor to acknowledge the receipt of your letter of the 552nd instant, and to state in reply, that the application to which you refer being made as required m I 202 by law, the act of the township council fixing the boundaries of a separate school, could not have taken effect before the 25th December, and therefore could not have made any difference in preparing the assessor's roll for school rates for the current year. But the application for a separate school must be signed by twelve heads of fami- lies — then the township council must prescribe the boundaries of the separate sdiool section, and make provision for holding the first meeting for the election of trustees ; and of which election the local superintendent must be notified, as in the case of the election of other trustees. But such act of the municipal council cannot take effect until the 25th of December of the year in which it is passed. It will, perhaps, be well for you to transmit to Mr. John P. Greene a copy, or the substance, of this letter, that there may be no just reason of complaint, and that if he and others, to the num- ber of twelve heads of families, wish to have a separate school next year, they may take the proper steps to obtain one before the 25th of next month. I have the honor, &c. ' .i .»•■. . ■yuitnt":-".', 1.' •■: ''!•--. t ■ • (Signed,) E. RYERSON. Jambs McQueen, Esq., -.„i, ,■ ;i,'o / Clerk, Township of Nichol, > - ; i' . - ,r Fergus. ••Mi'il )■ i; M ■I-. -"ill. ti!>\K JVo. 158. The Clerk ofJSicholto the Chief Superintendent. .^H;i.ii. •I How the boundaries of a Separate School Section should be described. [L.B.. 8876. 180S.] , , Fergus, Township of Nichol, I7th December, 18^3. Reverend Sir, The Catholics in this township have now applied to the council for the establish- ment of a separate school : the application states the lot and concession on which they wish it to be established, but it is signed by parties living in two adjacent sec- tions, it also contains the lots or parts of lots on which they reside. As section 19 of the act of 1850, provides that (inter alia) the council shall " prescribe the limits of the divisions or sections for separate schools," they, the council, are at a loss to know whether they ought to prescribe said limits by describing the lots occupied by the parties who wish to be set off, or the boundaries Of the present section in which it (the school) is desired to be established ; or as parties from two sections, viz., 4 and 5, have applied, jointly, the boundaries of both sections. The application is as follows: ,„ . \ " To the Municipal Council of the township of Nichol, " We, the under.signed Roman Catholic settlers in the township of Nichol, do hereby apply to your honorable body to authorize the establishment of a separate school for Roman Catholics on lot No. 1, in the Sth concession, and to set us off ac- 203 cordingly." — Here follow the names of more than twelve resident heads of families. There are already six sections in the township; Query, should the separate school be numbered in succession? As the council have appointed a meeting to be held on Tuesday, the 20th inst., to give eifect to the application, it will be a great favor (ii' possible) to return an answer by the mail going westward on Monday. I am instructed by the council to convey to you their sincere thanks for the kind manner in which you have replied to former communications. ' I have the honor, «kc. (Signed,) _; i: .,,1 -iv-i JAMES McQUEEM. '1 _ Township Clerk, Nichol. P.S. I may mention that the section in which the separate school is desired to be established, is now called No. 4. . „, . ,, ii 'ii ' y. ) ■. < '*•• 1- '■,•', ■:>•// h%h ;^K-?l«g^ i ., JVo. 159. The Chief Superintendent to the Clerk qfJSichol. The Separate School Section must include the lota of the applicants and whatever additional limits the Council detiire. [No. 61. K.] '■Hit t'M.V^' ,fn>. Education Office, Toronto, I9th December, 1853, Sir, I have the honor to acknowledge the receipt of your letter of the 17th instant, and to state in reply, that the township council can include the whole township, or half or one-quarter of the township, or any number of lots, in the separate school section, as it may think proper. Mentioning the number of the lots included in the separate school section, or on which the applicants reside, is, I think, a sufficiently full description of the boundaries of the section. Or it may, perhaps, be as well to make the separate school section to include three or four t>f the existing school sections. But the council has no authority to prescribe the location of the school site. The section may be designated separate school section No. 1. 1 I have the honor, &c. (Signed,) James McQueen, Esq., Clerk, Township of Nichol, 'I E. RYEUSON. Fergus. J*.' #*■ J .!■-<] m •■>«■•' '■>}?:-] ! V. i- ';; ====== . / n ;.•:'! . J '; 5. :< • J '>(5l-R t* f ii .;..■*■ ■ iV-Vis ijr ;t'!if '"-Hj,^;) tiH,.4iy^ '.,! ~ >>' ^ "<'0*i u "jkUi oi htfd 204 JVo. 160. The Trustees of the Roman Catholic Separate School JVb. 4, J\ichol, to the Chief Superintendent, Power of Separate School Trustees to go beyond liinita to tax property of non-resident supporters. [L.II., M50, ItUl.] . , ..' ,t:j-.U. . G u ELPii, iVowemfter 20rA, 1854. Reverend Urn, There are two townships whose positions are according to the diagram which follows : •fH ■' Township of Nichol. A. Township of Filkington. B. '■J r, . .,.^i: And we are the trustees of a separate school in the township of A, or Nichol, and there are subscribers from the township of B, or Pilkington, to our separate school ; cannot we collect from the subscribers of our separate school in Pilkington the taxes which they " would be liable to pay to a common school," when there was no school teacher in their school at the time we hired our school teacher, but one of a ditferent denomination to ours ? ' (Signed,) TIMOTHY DUGGAN, DENIS CLIFFORD, • -i ...... ,,...>,■. ««»T '..^»..«» r Separate School Trustees. P.S, We have this day requested the township clerk of the township of Pilking- ton to lay open the roll of the township that we might make a copy of the roll so far as it relates to the subscribers of om* school from Pilkington, and he has refused us because the township reeve said we should not ha\e it. (Signed,) ' D. C. -..>;., ' :->■ T. D. w ,!-K l!^''.,1.;i'? 'l''' vi J»^J!''?- t>' C-,-t ^<, ■.,', f,j: Trustees. J\ro. 161. The ChieJ Superintendent to the Trustees of the Roman Catholic ^, , Separate School, A'o. 4, JVichol. No school corporation, whether public or separate, can go beyond limits to tax property of supporters of the school. ■ . 't.,y ] ,;..■,)") [No. 2395. M] Education Office, Toronto, 25/A iVouewi&er, 1854. Gentlemen, I have the honor to acknowledge the receipt of your letter of the 20th instant, and to state in reply that no school corporation wliatever can have authority to levy 206 and collect school rates from any resident in a neighboring township, unless the portions of the two townships in which the respective parries reside, are fornieU into one school section, as provided by law in regard to union sections. .v,"'i ,'Mj'i7 nt)'» I have the honor, &c. (Signed,) Messrs. Timothy Duooam and Denis CbtPFORD, Trustees R. C. Separate School, No. 4, Nichol, Fergus. I' E. RYERSOiN. .«,. 't-'KuM' ,>U:-K ..■'! wi> <■• ,'l/t I I.!-- ' 'I ' i .'.}■:■', it" |■'^;.•■'iii■,^^Il'ir•,,^••.rt(!!i:iM m: I; 14 •>,!•), •X. School Section ^o. 13, Pilkington. j. ;. . , , ,, (County (ff Wellington.) •. , ■ , , „, . ■, >;;•.': 'il. V-: ';l 1...-^, ,!' ' _____ V*:..-" 1 .t,) ,> .i>; J 1-' 1 '1 f . I .-i^UVYi J^o. 162. The Roman Catholic Pastor of Pilkington to the Chief Superin- tendent. .-■ /j /yS!:' a •«.*•'>':■ Inconvenience of certain heads ot fainiiies ou account of distance of School'liouse. [L. B. SOS, IBM.] 'i^.. , Freibuho, 2e II /ant^ter, 1855. Monsieur l' iNspccTEtTR G^n^raL, Vingt-huit peres de families appartenant a I'dcole de Pilkington payent chaque ann^e leur taxe pour cette 6cole sans en tirer aucun avantage. l" Parcequ'ils en sent trop Eloigner, les uns ayant 5, d'autres 4, d'autres 3, les plus proches 2 miles< i" Parceque cette 6cole est toute Anglaise et les susdits peres de families ainsi que leurs enfans ne comprennent pas un mot d' Anglais. Leurs enfants croisseiit dans la plus grosse ignorance. Les parens et avec ceux tous aux qui connaissent le prix de l'6ducation gemissent d'un si triste 6tat des choses. Trois moyens pourraient r^m^dier a cet inconvenient : 1° Detacher ces 28 peres de families et leur permettre de former une section a eux ; 2° les attacher a I'^cole Allemande qui est dans leuf vicinity ; 3° faire batir la maison d'ecole de Pilkington dans le centre. Veuillez, Monsieur I'inspecteur, nous honorer d'un avis sur c6 qu'iUya a faire pour que selon Tintention de la loi oes nombreux enfans puissent recevoir un peu d'inatruction. ...••,); . 1 : .■.!..:':!;- n! ■;!./(••» fsjf^ J'ai Phonneur, M. I'inspecteur g^n^ral, d'etre votre tres humble et tres ob^issant lerviteur. (Signed,) ':, J. BTE. BAUMGARTNER, Prdtre. AuR^v. E. RtbbsoN) •-.• . •., ■ . > .■ -i..-- t, .• • .- ir. .i ? ■ t }' i\ -..'^.rrj -tot it ice. &C. &C. ■) — ' ''•■i\ -' .:•:": - -i M'..4) .iiiMi ^'''Miii? ''■':? - ,** Toronto^ :• M' ■..■i-'i-'-^v^.r- ■•'•♦«; •>irsjjcr'«w^-'nM!!> ''■.toh'hiv.uii 1^ 206 JSo. 163. The Chief Superintendent to the Roman Catholic Pastor of P'Ukington, . Tli« Uunicipnl Council has nutboritjr (o remedy the incoDTenience. [No 281, M.] •' Bureau u'Education, ' "■ Toronto, /e 18 /anw'cr, 1855. Monsieur, J'ai I'honneur d'accusor la reception de votre lettre du 1 1 courant, et de r^pondre 4 votre d6mande, que vous pouvez avoir une 6cole s6par6e ou vous joindre a I'^cole Allemande dont vous parlez ; mais il Taut vous addresser a ce si^et au conseil municipal du township de Piikington que seul a Tautorit^ d'etablir et de changer les limits des arrondissements (school sections) de toutes les especes, selon la loi des ecoles, 13 et 14 Vic. eh. 48, sec. 18, clauses 3 et 4, et selon la lUeme section de la m^me loj, et la 4eme section de la loi supplementaire des Ecoles. J'ai I'honneur d'dtre, &c. (Signed,) E RYERSON. Au Reverend J. Bte. Baumgartner, Pr^tre, Pilkington, * ^■i., Ji' ».*»., rn.". J^o. 164. The Romafi Catholic Pastor of Pilkington to the Chief Huperin- ; J»;i;.i '- i\y.i !. Complaint agiUnst the Munioipal Conncil.'O: • '• ' New German'Y, le 17 Fivrier, 1855. Monsieur et tr^ R£v£rend Seigneur, ' J'ai I'honneur de vous communiquer I'usage que j'ai fait de la lettre qu'il vous a plus de m'addresser et Tinutilit^ de ma demarche chez le conseil municipale. Je vous envoie la petition, que 27 habitans de Pilkington ont sign6. Toute la r^ponse qu'on nous a donned consiste dans ces mots : Vous n*aurez point d'^cole, nous ferons ce que nous voulons. J*ai I'honneur d'observer que depuis long temps l'6cole dont nous voulons nous s^parer n'a point d'instituteur et qu'elle n'en aura probablement point de long temps ; dvn8hip council, a copy of it should have been sent to the clerk of the council, as required by the regulations of this (lepartniiuit, {me 4th p»gj of this totter,*) since I cannot express an opinion on the conduct or ])roceedings ol' any council or individual without hearing both sides. You will, therefore, please furnish the clerk of your township council with a copy of your letter. »» V '<'i .1' I have the honor, &c. , nW7 . .. ^, 1 (Signed,) E. RYERSON. The Rev. J. Btb. Baomgartner, Priest, Pilkington, Frieburg. P.S. — I herewith enclose you a copy of a letter I. have this day addressed to the olcrk of the township of Pilkington.f -f » .'■> \'^<,^L:v^<\i ^n .T f|}{iefJV/..t J: \ ^ ' 'T,,! i,i'-S .■vu-i.n JVb. 166. The Chief Sapmntendent to the Clerk of Pilkington* CN» est. N.] EaUblishment of a Separate School le compulsory on the Council. ./:i .a /.. ii.. -n^. >v, :! -ulT Education O^fioe, Toronto, 23r'''•- <>« 209 M. 167. The i Wk of PHkington to the Chief Superintendent. Appllcatlou for a S«p irntv School ba« not been reluied bj the Oouncll. Elora, 26/A February, 1855. [L. R. 0S7, 1888.] Sir, I beg^ to say that no such application as that alluded to in your letter of the 23rd instant, has been rejoctud by the council of the township of PHkington. Such an application (which may .be that you allude to) has been left for consideration at the next meeting of the township council. "' I have the honor, &c. (Signed,) U. P. NEUMAN, Township Clerk. The Rev. Dr. Rybrbon, Chief Superintendent of Schools, Toronto. Township of Williams. (Countt qf XiddlttegJ JVo. 168. The Rev. Thf. Kirwan, of Londont to the Chief Superintendent. For aid to certain Roman Catholic settlers in the Township of WiUiama. [L. B. 2888. 18U.] Sir, London, C. W., 16/A October^ 1852. Being informed that it is in your power to appropriate a certain amount of aid annually, from the legislative school grant, towards the support of poor schools in parts of the country partially unsettled, I hereby take the opportunity of soliciting a portion of the funds at your disposal, for the above purpose, in order that a certain portion of the inhabitants of the township of Williams, in the county of Middlesex, may be enabled to support a school which is at present in operation, and has a daily attendance of about fifty pupils. The locality is newly settled by Scotch emigrants, who arrived from the Highlands within the last two years, in a very destitute condition, and number between eighty and one hundred families. It has been represented to me by the teacher and the trustees of the school, that they have applied to the school super- intendendent for aid from the common school fund appropriated to the township, and that he refused any aid, on the grounds that he had received no notification from the township clerk ot the legal erection of a school section in that locality. m m 210 I am funlier informed that the township councillors encourugcd the inhabitant) of the albmsuid locality to crpct a schodi-houHu, and tluU tliry (the township councillors,) would do all in their power to enable them to support it. Not being conversant wilh the requirements of the school not, and relyint? on the promises of the councillors, they (the said inhiibitunts.) nejiflected to petition the council to hiivo their locality erected into u distinct and sfpanite school tfection. Under the foregoing circumstances 1 think it my duty to make this application, convinced as I am that a school amongst these people, who are under my spiritual care, and whose children are destitute of the rudiments of u common school education, is essentially necessary to Rt them fur the duties of society which may hereafter devolve un them. Hoping that y«>u will take the case into consideration, and make such allowance from the legislative grant as will cna!)lc these poor people to keep their school open during the ensuing season, I have the honor, &,c, TUT. KIRWAN, Rural Dean. Rev. EoERTON Rvi'iisoff, Chief Superintendent Education, U. C, Toronto. JVb. 169. The Chief Superintendent to the Rev. Tht. Kirwan, of London. fNo 777 G.] Sir, Tho power of aiding poor,8cbools hna beeu transferred to Coanty Councils. Education Office, ,, .'■ ' Toronto, 19M London,C.W. ,, ^ . . , ,1, , , 4 .«•» 211 .Vrt. 170. Tim Rev. Tht. Kinoun, of London, to the Chief Superintendent. Coii.ildors former lottnr AS culling attentlou l< ri>rt;tin rlmr::;'M nrtnln^t tlio local ichuol autUoritloi of the Towiiililii of Wlliiami. LuNOON, C. W., 20//t October, 1853. [L. 11.8347,1852.] Sir, Your favor of tho 1 0th instant was received hy me on my arrival home after an abstiuce of u i'ew day.s. I regret to learn that the pecMmiiiry aid required for tho support of the poor school in the townj^hip of Williums, to which I niferrod, cannot I)p dirnctly granted by you. I have reason to do so the morf ns th* daily attciidiincf; ]n rapidly increasing, for by the lust report received from the teacher, I lltid that he bus a daily average of sixty pupils. When I applied to you I was under the inpression that a certain amount of funds remained in your himds for .such purposes as that stated in my letter, and that in all cases whore a grievance exists in school mutters it was my proper course to apply to you, as Chief Superintendent, to have it redressed or removed. I am further confirmed in the latter impression by reading the 13th anil 14th Victoria, chapter 48, section .35, fifth paragraph. I considered tlmt the terms of my letter of the 16th instant were sufHciently explicit to call your attention to the dereliction of duty on the part of tho township council of Williams, and also of the loesd superintendent, but as it seems you have not considered their conduct of sufficient importance to even allude to it in your replj, I am now reluctantly coinpelled to give a more ample statement of the entire facts and circumstances as reported to me, that you will exercise the powers vested in you by the act referred to, in order that evenhanded justice may be meted out to the aggrieved. The majority of tho people who reside in the locality where the school is situated have paid the public school taxes for tiie lust two years or more, although they had not the benefit of a school themselves, and now that they have one of their own, they are refused their proper and just proportion of the school funds to which they contribute themselves, and this in consequence of the township council having failed to perform the duty imposed on them by the third paragraph of the 18th section of the school act. You are aware, as stated in my last, that the township councillors encouraged the erection of a .schooKhousc, and proniised to do all in their power to support the school when built. The reason they have not fulfilled their promises and performed their duty, is the manly stand the people had taken to prevent the introduction of proselytism into the school section, for there had been an attempt made to force an unqualified teacher on them, who inculcated during school hours, religious doctiines at variance with those of the people in general, and even announced that he would hold religious service on Sundays in their school-house. When the present teacher, (Mr. Charles McKinnon,) who is employed by the provisional school trustees, with the approbation of the whole people, applied to the Rev. Mr. McPherson, the local superintendent, fur a portion J \ '■ 4] ] 212 of the legislative grant, he was replied to (as stated to me by Mr. McKinnon,) in the following terms: ** They are ungrateful wretches, who did not accept the teacher sent to enlighten them in the bible ; and he consequently declined to afford them any aid except the benefit of a long religious controversy, occupying fully three hours. On the whole, I consider the matter requires a serious investigation, and I therefore respectfully demand it of you. A true copy of this communication will be furnished to the parties concerned. 1 have the honor, dsc. (Signed,) THT. KIRWAN, Rural Dean, R C. Pastor of London & Williamstown. Rev. E. Rybrson, Chief Superintendent, Toronto. P. S. — May I respectfully request that you will furnish me with a copy of my ■first letter sent you, as I have mislaid the one I had ? (Signed.) THT. K., ft. D., &c. JVb. 171. The Deputy Superintendent to the Rev. Tht. Kirwan, of London. The Implied charges cannot be inveatigated until tlie opposite parties liave been furnialied witli a statement of the compfaiint, and heard in reply. [N0.8M0.] Snt, EoucATioir Office, Toronto, Ath November, 1852. I have the honor to acknowledge the receipt of your letter of the 26th ultimo, and to state in reply that from the tenor of the printed remarks contained in the fourth page of this letter, it would clearly have been improper for this department to have entertained the complaint implied (as you state,) in your previous letter of the 16th ultimo, until it was evident that the directions therein given had been followed.* Until I receive an explanation from the local superintendent to whom you refer, no opinion can be expressed upon the case you submit. See regul.it'ona on the subject of appeuis in a note oti pagea 43 aud G9. 213 I herewith enclose a copy of your communication of the 16th ultimo, as you request. I have the honor, &c. (Signed,) J. GEORGE HODGINS, Deputy Superintendent. The Rev. Tht. Kirwan, Rural Dean and R. C. Pastor, Townships of Williams & London, C.W. JVo. 1 72. The Rev. Tht. Kirwan, of London, to the Chief Superintendent. t atatement [L. R. 2561, 1852.] Sir, Considers his complaint entertained, and furaishea additional ch.:rge9. London, C.W., I6th November, 1852. I have the pleasure to acknowledge your reply dated the 4th of November, together with a copy of my first letter to you, for which I beg to return you my thanks. As it seems by your last favor of the 4ih, that your department has entertaineil the complaint lodged by me against the conduct of the township councillors of Williams, and of the local superintendent, I feel it my duty to furnish you with some extracts of a letter written to me, bearing date the 22nd of September, 1852, by Mr. Charles McKinnon, the school teacher employed by the trustees, in order that you might understand that I have presented the case to you in its less aggravated shape, and that you may likewise be the better able to render impartial justice to the parties concerned : ' "Rev. Father, " I have no doubt but you will he surprised to learn on receipt of this, that I have to my regret, given up teaching school here. As it is the duty of the municipal council to form new school sections, and to give instructions accordingly, I actually thought, when I commenced teaching here, that everything was legally arranged according to the requirements of the school act, until I went to see the Rev. Mr. McPherson, who is the local superintendent. He said that he was not iurnished by the trustees of this school section with a legal notification describing the houndaries of said section. To this I replied, that the school trustees wore not acquainted with the legal regulations of the school act, and therefore it was the duly of the township council to direct them in the proper course to be pursued ; and especially as the council voluntarily imposed this duty on themselves by promising to do so. No arguments could prevail on the reverend Free Church gentleman. His quarrel with these poor Catholics was, that (hey were ungrateful and ignorant — because they did not accept of the teacher and preacher sent to them for the purpose of en'ightening I 1 it- I h III :i4 them in a knowledge of the lUble. To this T replied, that no law authorized him or a iy other person to force a teiiclier or preitelicr on any .school section against the consent of the school trustees and of the people in geiienil ; finther, that the Catholics held the Bil)le as sacred as lie did, and that they have one great advantage over them ; that is, the infallible voice of the church of Christ, to guide tlieni in preachino- tmd- expounding the scriptures in the spirit of unity .ind truth, iis they ought to be ; they did not interpret the scriptures accordintj to the ]))ivate interpretation of every who could scarcely read a passage in the Bible. This led me into a warm controversy, which detained me throe hours. I went away fully convinced that his reverence met with one who knew more about the fruits of t'rotestantisni than he did himself. "Next day I called a meeting of tiie school trustees and houseliolders, at which they unanimously dechuvd that Mr. Gray, the councillor, requested them to huiU the School /toii^c, and thit they (the council) would do all they could for them. This they certainly would have done, had the people accepted of the services of the inspired teacher, whom they had sfnt to them for no other purpose than to conocit them I When the people opposed their erroneous presumption, the}'' (I he councillors) immediately resolved that whereas th( people did not make a legal application to the council for the dividing and formation of their school section, as reiiuired by the school act, no pro"ision could be made for them this year. Here I must appeal to reason, justice, humanity and the sacred laws of Christianity, and ask, with confusion and astonishment, has there been manife.sted, since Croiiivveil's time, such injustice, hypocrisy, intolerance and ungodly ill will, in any one civilized country or place, — that these poor destitute and harmless Catholics should be compelled to pay school tax for the last three y(>ars, without having the benefit of a school for themselves, and now deprived of what they had to obtain, because they did not immediately comply with the refpiirennuits of a school act which they knew nothing ibout; and with which they could not, on account of the course pursued by the township councillors, — is, iu my oi)inion, an injustice, the parallel of which cannot be found in any christian country ur community. As the poor ])e()ple had thus been deceived, they could not keep me any lonL;er ; but it was with ili!lieulfy I ci>uld getaway; for many of tlioni preterre'! to yell the only corn they had, to make up my salary. I am deterniined, ])lease God, to return next year to Nova Scotia, my dear native land* where freedom, every spiritual blessing, and religious privileges abound, and where such intolerance over Catholics would not be attemj)ted. 'iJlessed are ihey who sufll'i' j)erseculion for justice sake, lur iheiri is the kingdom of heaven.' " I remain, reverend lather, " Your obedient servant, (Signed.) ' CHARLES McKINNON. "Rev. T. KrRWAV, R. D. '• I^ondon." P.S. — I h.ive stated in my last letter that the householders of this colony have paid school tux for the last two years and upwards. The reason I have done so is, 215 though the majority of the ratepn.yers are residents for tho last three years, some few have settled on the land within the last two years. The number of Catholics of which this colony is composed, is about seven hundred, they live in one continuous settlement in the north-west part of the township of Williams ; I may safely say, that the nearest school to them, which is on the old settlement, and is decidedly sectarian! for the parents of tlie children who attend it, without exception, belong to the Presbyterian creed, is four miles distant from the. iiuijority of the inhabilanta of the new Catholic colony. • v I have the honor, (k.c. (Signed,) TUT. KIRWAN, , i, Rural Dean, It C. Pastor of Loudon &, Williams. Rev. Egerton Rvi'.rson, < . ' t Chief Superintendent, Toronto. No. 1 73. The Rev. Tht. Kirwan, of London, to the Chief Superintendent. Requesting a decision ou his compluluts against tlie local school authonlies of Williams. [L.R., 450, 1S53.] London, C. W., 4t/i. Fchrmri/, 1853. Sir, In my first letter to you, dated lOth October, 1S.'J2, I called youralteiition to the conduct of tlie township councillors of Williim-i, aii'l of the local superintendent, the Rev. Mr. iMcPherson, in the full expectation of obtiiinini whose behalf 1 took the lii)erty of addressin<^ you. 1 did (sxpect that the matter would be fully investigated before this time, as it .seemed to me that the true I'acas of the case might have been e;isily elicited and an impartial decision in acc levy any assessment for the erection of a .v(?/)(f;-«1168,188S.1 [Endorsed.] Secretary's Office, iUh March, 1^53. Referred to the Chief Superintendent of Education for Upper Canada for report. By command, (Signed,) E.A.MEREDITH, Assistant Secretary. H I ii 222 mgm JVb, 177. The C!i iff Super intcmknt to the Secretary of the Province. [No 888, ir.] Sir, Report un iho iip[>eAl of tlie RuvtMonil Tut, Kirwan to tho Quvorncr Oenerul. • EnucATUiN Opfioe, Toronto, 4/A ;l/rtj/, 1854. ' In reference to the letter of the Rev. Tht, Kirwan, Roman Cathohc rural clean, ut London, Uj)|)er Caniida, addressed to you the '-J.'^th February, and transferred to !ne the 11th March, for my explanations :is to the complaints and statetnents contained in that letter asrninst me, I must apologize for the length of time which I have suiFored to elapse before transmitting;, tor the inlbrmation of his Excellency, the ex|)laMations or report required. The reasons of ths delay are, that 1 did not return from my tour of the several c auities of Upper Canada, until about a month since, and there have liet!n so many (juestions and duties requiring immediate attention, and which appeared to me to Ite more im[iortant th;.i the vindication of myself from the i(ni»utatior.s contained in Mr. Kirwan's letter, th,t I have allowed his charge to remain unanswered until I could attend to them without prejudice to the public interests and duties of this department. Mr. Kirwan has not furnished you with copies of his correspondence with me. Had he done so, that correspondence would have cont \ined sufficient proof of the groundlessness ol his charges and the propriety of the course which I have pursued. I herewith enclose, for the information of his Excellency, copies of that cor- respondence.* 1. Before remarking on this correspondence, I may observe, that up to the present moment I have not received any communication whatever from the only parties with whom I am officially required to correspond on the subject — namely, the truistees nnd teacher of the school in question — that whatever letters I have addressed to Mr. Kirwan, have been from courtesy and respect for his position, and not from any right which the law gives him to interfere in a matter of this kind, or any obligations on my part to coiTCspond with others than local school authorities and parties personally interested. The only instance ot non-residents of munici- palities fissuming functions which belong to local school authorities in correspondence with this department, are those which are furnished by this correspondence, and that which was laid before the legislature some m< nths since on the subject of "separate schools."! And these instances shew to what inconveniences this depart- ment has been subjected, in yielding Irom motives of delicacy and courtesy to correspond on school matters with parties who are wholly irresponsible in such matters, who appear to be wholly uninformed as to the provisions of the school act, • The preceding letters, Nos. 168 to 176, pages 209-220. f " Correspondence between the Rotimii Catholic Bishop of Toronto and the Cliief Superintendent of Schools, on the subject of Separate Comt)>on Scboola in Upper Canada." Printed by order of the Legislative ▲gaembly, September, 1852. 223 ati(i when iiil'orrned ot'tlieir omissions unci errorm, au I int'urnied Mr. Kirwan »n tnjf letter of ilttt lull) Februury, immi-diuti'ly be^'iii to usi^ail me and uttauk the school IttW. , 3. Now, h»id Mr. Kirwaii ncquiiintpd himsfdi' with the school law, ho would [have known that I hud no power to di a siiii:lo thinu; that hn has demanded — ttiat the utmost I could do, in rci^ard to his complaints, ovt n wen* his allegations well [founded, would be to olTov tViendIv advice with a view of nllavintr differences and inducing useful co-operation. In my last letter to Mr. Kirwan, dated ir»th February, 1853, I pointed out to him the kind of inlbrmation necessary to enable me even to [form an opinion on the subjects of his representations; but instead of supplying that [ information, he replies in a long, and in several respects, offensive letter, dated 28th February ; and on the same day that he sends that letfnr to me, he sends a copy of it with c«)pies of the preceding correspondence, to the " Tomato Mirror'^ newspaper, and another letter to you complaining ot' me, and at the same time assailing other parties, 3. A reference to Mr. Kirwan's complaint and statements will, I think, abundantly justily the foregoing remarks; he com])!, ins that 1 would not institute an investigation into his complaints against the munici|)al council of the township of Williams. In reply. I observe that the law nowhere provides me with means or gives me the least authority to institute the investigation dentanded ; that municipal councils are in no way responsible to me, and that the local superintendent (who is so unscrupulously assailed, as well as the religious denomination to which he belongs) could n )t act in respect to the parties referred to without the previous action of the township council. Mr, Kirwan says that in my letter to him, dated 4th Novembar, 1852, (addressed to him by Mr. Hodgins during my absence at Quebec), I gave him to understand that I would institute an Investigation into his complaint against the municipal council and local superintendent of the township of Williams; but it will bo seen by referring to Mr. Hodgins' letter of that date, that nothing of the kind was intimated. All I had authority or could hope to do, was to ofFer suggestions and advice to each of the parties concerned, after having heard their respective statements. 4. Mr. Kirwan complains that "the Free Church Society of Toronto sent a teacher to give gratuitous education" to the children of the new settlers of whom be- speaks ; but surely I had no right to interfere with the operations of that society, nor even to express an opinion respecting ihem, however anxious Mr. Kirwan himself might be to stigmatize and repress them. It appears, according to Mr. Kirwan's own statements, that he "knew nothing good could come out of Nazareth ;" yet he "advised them (the settlers in question) in consideration of their poverty and want of school convenience to send their children" to the gratuitous school of the Free Church teacher. I certainly had no more right to inquire into the nature and grounds of the Free Church Society's proceedings among the newly arrived emigrants referred to, than into those of Mr. Kirwan's advice to these siime emigrants. i'' ! 1- m 234 5. Mr. Kirwan statem to you thnt tliP einigrantN (fipeaking of th«i)t aa a "colony/') on whoHe behalt'he li form any opinion on the question under such circumstances, and that I hud no authority, under any circumstances, to do what he demanded. To his insulting reply of the 38th February, which I first read iu the Toronto newipapers, 1 have not thought proper to return any answer. From a review of the whole correspondence, it will, therefore, be seen, 1. That Mr. Kirwan ap| "'ed to me for assistance to the school, as a poor school, —assistance which appertain ^ to the county council, and not to me, to give. 2. That instead of applying to the county council fur the assistance sought, Mr. Kirwan commences formal complaints against the municipal council and local super- intendent of the township of Williams, demanding of me the exercise of poyferi which the law does not conlier upon me. 3. That Mr. Kirwan has made a variety of charges against the councillors and local superintendent of th'^ township of Williams, and when informed that he must, in order to receive an opiu.on on tlu; matter, adduce soma ofRcial proceedings of the parties of whom he complains, he furnishes not the copy of a single act of council, or councillors or local saperintendent — not the application ol a trustee, or even a rate-payer, to them, i u the statement ol' any one of them to me, but forthwith enters a complaint to His ^ Ixcellency of my non-compliance with his demands. I may remark, in conclusion, that if the school trustees or inhabitants of the settlement in question had representetl their circumstances and wants to me, I should have felt it my duty to reter to their local superintendent, and council if necessary ; but when, first, an application is made in their behalf as paupers, I had only to advert to the provisions of the law on that point, namely, that application must be made f the county council for assistance on that ground ; and when, secondly, a complaint is made to me against the councillors and local superintendent of a township — the latter a clergyman— by a clergyman who is not a residual in the township, I think it would be partial and insulting on my part to call upon one clergyman to answer to the charges of another clergyman made under such circumstances, or to refer to the councillors in regard to charges made against them in such a manner, or to adopt any other course than that which I explained to Mr. Kirwan in my letter of the 1 5th February, 1853. .'<'■! it' J,i. T 226 •ni I think Mr. Kirwan would have evinced a more charitable spirit and a raorei discreet and intelligent zeal in behalf of the poor people for whose interests he pro-l fpsses so much concern, had he fipne among them and advised and aided them inl applying to the council to be formed into a separate school section, and to have a] tax imposed upon themselves for their needful school purposes, rather than to counsel] them in a course which can secure them no benefit, but must be injurious to theni,] and which puts it out of my power to aid them, as I should be happy to do, by advice] and recommendation for special assistance. The Rev. Mr. McPherson is not the local superintendent of schools for the town- ship of Williams for the current year. Whether he has received copies of the letters I addressed to this department against him, I do not know from himself, as he has never written me a word on the subject. If he had received copies of those letters,] I suppose he has thought himself only obliged to answer to representations of parties! with whom he was officially connected in the township, but did not feel himselt] called upon to notice the gratuitous representations of a non-resident clergyman. I have the honor, &c. . .vrrK*w. w« 00%; ?-. i >•<:!• •-:!:■ (Signed,) '"y --- c;!: E. RYERSON. The Hon. A. N. Morin, M.P.P., ^f. ..,, ,.. , b-,;' ; ,,- ns^-rm '. ,-i\A }r/,'\' l Secretary of the Province, Quebec. -■i;i'i;;)' '.{■'' i-ir'i .fM i)J,;;;M''.i-. t .q>;.i; ii/f •^'-tm-rUi--- jiii \'1 "Aitif'. [r;- i<* ::if)>::t '.y^iT ibin • n.'fii'TtM !', i^'.M'Mft , .'Vk ,;i''<<'3'< ;i ■;■«•) vt.fu .ii i . i , School Section No. 4, Metcalfe.' ♦'^'i' ■• {County of Middle»ex.) I i '■)"••{. Ol U'W/ No. 178. The Tntstees of School l^ection JVo. 4, Metcalfe, to the Chief Superintendent. Effect of the establishment of a Separate School. , 'li-i-Yyi /liifi ; Metcalfe, Napier P. 0., 24fA September^ 185S. [L.II., 2B07, 1853.] Snt, Some of the inhabitants of this section wish to have a separate school, and have! a house built for the purpose. Can their doing so have any effect on this section, as| «ettted by the municipal council of the township ? .u.-M-...,. ..•,..:. .., „„ .„■:,•,; WILLIAM HENRY, ^n/jh . . ^.- - , (Signed,) A u // ■ m. , ; JOHN LEWIS, ^.vt^'-u^ ■'■ i;^ y ■ "■ '■^ -\ : 1n.s»n M^:^ r-'v '' " DAtiD BROWN, vvnfi^'n s t •':, .'* i-i.xi'. > ' ;•■ ' • iv i hrn "in-ui tiiiiir Trustees School Section No. 4.1 The Rev. Dr. Rterbon, •••■•■■^rt -v: •!•.-! ■ t ivU;i'rt' m tui', \t>fn^ft-'} '■ Chief Superintendent of School?/'"'-'';' •■l'' J li'ii! >■ -ni!) it'tU 'inffj-.j {'^ffjo v Toronto. .r..*^ f ywnil 227 JVo. 179. The Chief Sapetintendent to the Trustees of School Section !'•/ ."xi^.;^) ; •, .^i'.'; ;>s(ir£ »f.ffKi« ' J\b. 4f J^etcalfe. . .',dik>flaiA '■>li!'i;(.> ■Hi? ,iJ«flr .i. *i-M; yt-*^ m i htf<*a Provisions of the law relating to Separate Schools. V. '^ ' . < ..'"i i.'^ 3<|] [No. 444 0.] '"'^ ''^ '■''= ■ hnA '•'*•'; ,4;iji/ ;j»! i - p.* N-nujj. - Education Office, ...,. _...,jj ■U-' >i .'rfMi ijrv i.!. :Wm»i •'«■) ) ! Toronto, Src? Ocfoter, 1853.., Gentlemen, I have the honor to acknowledge the receipt of your letter of the 24th ultimo, and to state in reply that no separate school can be established before the 25th of December, nor without the act of the township council ; nor will persons establishing a separate school be exempted from the payment of rates for the erection of a school- house commen-ed before the establishment of such separate school. Seethe 1st proviso in the 4th section of the Supplementary School Act I have the honor, &.c. (Signed,) Messrs. Wiluam Henrt, John Lewis, and ' David Brown, Trustees School Section No. 4, Metcalfe, Napier. E. KYERSON. ( 'I \?\ '..'^ \55 \;»'>l.u?'uV.,y^j5V\ \h-y\\ yM. *jV\!v Jsn '^<,i-v^f\M"'> \;;uVJi -;'^-' IHi i.y\; v.^,s -h School Sections Nos. 4 and 8, Sandwich. ^ ^K4 M^ .1 t'.llw % JVo. 180. The Locttl Superintendent of Sandtcich to the Chief Superin- cri.':! , vv.iviv.Ai r.j^j ,fuitot<*j tendent* * :*y. Time at which the operations of a Separate School, and the exemption of its sttpporteta eomdiefcce. IL.B. 3014*1888.] •"* • ii.> vi-' '(» 'fi ';ir;ui» .;: ^mi.'.i ,!< Sandwich, 12t 3 228 though no agreement for the school house had been entered into before the Romanj Catholic school was set apart and the trustees elected therefor. Are not the persons, being Roman Catholics who subscribed for, and those whol send children to, the separate school, exempt from the rates levied by the trustees od the section for this year ? : •^jnwi-A ,•> ,.V5r!vj traI fi-a I'l --H And under the 4th section of the supplementary school act, 16 Vic, cap 185,1 those who subscribe seem to Ire required to subscribe the exact amount of what would be their school tax for the current year; do you think it necessary that the] subscription should be exactly equal ? ' ^ If so, how can a party know what amount to subscribe until the school section ] tax is actually made out, and then he will be too late— this looks like a dilemma. .^^, I have been repeatedly applied to about these questions and would feel much I obliged by your opinion upon them, with any suggestions that you may be kind enough to olTer with respect to them. I have the honor, &c, y^j;.,p;,Y ; ., (Signcd,) J. A. VERVAIS, Local Superintendent, Sandwich. The Rev. E. Rykrson, D. D., Chief Superintendent of Schools^ ,. , Toronto. .'j-'i [U R. 31S8, 18Si ' <...■;,' '-r-l'i No. 181. The Chief Superintendent to the Local Superintendent of SandwichA Separate Sohool goes into operation and exemption takes effect the 26th December following the establish' ment of the school. [\o. 6M G.] Sir, i.>\ .,, ,5,,.!''. *< \ Education Ofhce, .in'.i Toronto, \%th October, 1853. V I have the honor to acknowledge the receipt of your letter of the 12th instant, and to state in reply, that if the separate school section to which you refer was not formed or set off the 5l5th of last December, it cannot be so set off before the 35th j of next December — as no school section can be altered, nor separate school section formed, except at that period oi' the year: See school act of 1850, section 19, 2nii j l)roviso, and the 4th clause of the 18th section. * - »' ^i' ' ' '^> ■ '■* n;ii..,:;j.rju P«rflons supporting a separate school may subscribe i'.s large a sum as thcyj I lease in support of such school, but th^ sum subscribed mast be at least equal toj vv!',;it thfy ha' c Id i>ay of the cmmty tax i;i a\f\px to receive the legis^ative grant. 2^ It can always be ascertained how much in the pound the county school tax for tho I year amounts to. 1 have the honor, &c. H (Signed,) E. RYERSON. |J. A. Vervais, Esq., M. D., ' ; ' ' >!'iiii. * ./.>. , vu.v.i.ju?,.-. n^i^' Local Superintendent of Schools, ■ ' •■ ■'• -iJi 'li^/tiv. /rr. rWw v/.tii 1i Township of Sandwich. ■• ^yh-iw.-jH xifol itiffU f-MiT Mo. 182. The Honorable John Elmsley, of Toronto, to the Chief Superin- tendent. CompUints from a Separate School in Sandwich. ' ^' . Toronto, 19/A October, 1853. MR, '/H\n i-- The Rev. F. Point, of Sandwich, has written to his lordship, the Bishop, to I inform .lim that the local authorities have refused to let the Catholic separate school Itrustees of that place have their portion of the government grant for this year; on Itlic ground that the separate school, for which such portion is claimed, has not been liii operation six months. ..s- ^ ■ \\ 1 have been requested by his lordship to bring the subject under your official Iconsideraticn, in order that the complaint of the parties may receive redress at your I hands if you will oblige me with your decision upon this matter, I will transmit it to, I the parties interested. nListn !»(>(;i iir- ..;;.... ..o . ....,) .„.,...,., .-..,.,„...•: ,v . - ^-.^f^^>Wr:A*y' ^ 1 have the honor, &c. ^^ ... (Signed,) :.,• ■^.y. i, . J. ELMSLEY. | u^.,, |riie Rev. E. RvERBON, D. D., : . _. .ibi, ;. vnu -..;•,.-. ,. '.„.^-i YaA Chief Superintendent of Schools, r if '. •i-i.;; iij n- > v .Ui ut vi -fTiiM Toronto. i^--^ii--' !•<.<; 'tM.,^"ijM',M' x.-.x-ism i. ;%» xmtAi •SK' , il'!,-,; t.fi \,v%\''-H \\\ (}(■'*•;•.• 'MM ki •• i-r>i' ^"j. il! "1 K . I : il" 'ilr^ i ?^^|'■^ yjoifl «i' LVo. 183. The. Chief Superintendent to the Honorable John Elinsley, of Toronto. ■(','■ !intii!>- 'U^it 'i' J- -jt till 'i \(; 'fri inn; 'Ui.!i.f ill.,.' ;; Partiee requiring the interferenee of the department should apply Erectly. . trtijt {yo-ma.^ , . ..,,„ ,„^,,^^ Wrii i, V:.i..i' i;'M(i:ri i'.V'iVi ^s'tti!' Education Office, ^c y:jj. i(t f.vHfiHii t''!i Ti',' irftJtui tfihVi '■*/ J«jl» Toronto, 'Z4(h October, iSo^. , ISiR "^ '■*■'■' *** 3;v»«,i;ki( t'^'f ri'," i^Aui tnwvJ • ff J«Ji» *»d3 ] have the honor to acknowledge the receipt of your letter of the 19th instant, land to state in reply, that I received a letter from Dr. Vervais, the local superinten- l' r p :in I I n n '' i m ml 230 dent of sohoola for tho township of Sandwich, referring, as I suppose, to the case mentioned by you, as well as to some oiher questions of dispute. I answered him the 18th instant.* I may remark that the parties concerned should address me on the subject of their complaints, and furnish a copy of their letters to those of whom they complain, if they wish any official interference on my part in their affairs. •'I have the honor, &c. (Signed,) E. RYERSON. The Hon. John Elmsley, {In re Sandwich,) Toronto. No. 184. Certain Protestant Inhabitants of School Section JVo. 8, Sandwich^ to the Chief Superintendent. Non-resident supporters of a Protestant Separate School desiring exemption from public School rates. t) [L, E. 4702, 1834] Sandwich, nth December, 1954. Reverend Sir, I befi: leave to bring before you the case of John Herdman, Robert Herdman William Radclifie and myself, residents of the township of Sandwich, trusting that j you will be pleased to take it under your consideration and direct us how to proceed in t^-3 matter. Our case stands thus ; — We the aforementioned reside in and own property in school section (I think it is No. 8,) it is almost exclusively French, and as they have not before called upon us for any purpose relating to their school, to^etlier with the tact that we ar^residing in a distant corner of said section, we have never troubled i ourselves to know even the number of the section. We are Protestants; and as there is a separate Protestant school taught in the section adjoining us, No. 9, wi)ich is more convenient to us than the school of the section in which we reside, we have [ for several years sent our children to and supported the said separate school. Our names, together wiih the sums subscribed, have been duly sent in the] half-yearly report. Our school has been kept open this current year, six months; we have also! subscribed both time and money for the erection of a new separate school house in I the section adjoining us, as the building in which the school had formerly been kept,! was in too distinct a part of the section to suit the wants of the people. We were not a little surprised therefore when called upon a few days ago byj the collector for our taxes, to find that we were taxed for the support of the school | in the section in whic'' we reside. [No. 2357, M.] * See letter No. 181, ante, [No. 602, 6.] 231 School rates. We complained thereof to the township council, stating that we considered the clause in the 12th section of the supplementary school act for 1853, exempted us as separatists. As they could not arrive at a satisfuctory decision, they agreed to let the case stand over until we should be able to learn your decision on the subject. We have, therefore, taken the liberty of bringing our case before you, begging that I you will be pleased to take it under your consideration and solicitins; the favor of au answer as soon as convenient. If we are to support the school of the section in which we reside, and which is different to us not only in religion but even in langauge. we would, sir, knowing the interest that you have always taken in the cause of education, beg of you for I your advice as to the best way for us to proceed to have our children educated ; for as to us new settlers in the back woods to have to support two schools would be a case of extreme hardship, and we are not c ough in number to establish a separate school in the section in which we reside. If you will be pleased therefore to give the subject your consideration, and return us an early answer, you will greatly oblige your humble servants. (Signed,) JAMES C^.AQUE. The Rev. E. Ryerson, D. D., Chief Superintendent of Schools, Toronto. i i ) " ' I ■ Ui iv.Ji. ; 'i ' ;.)■ ■; i. . iM ^■f-i JVb. 185. The Chief Superiatmdent to certain Protestant Inhabitants of vii-j I ba- ■ ' .' School Section J\o. S, Sandwich. Supporters of a Separate School cannot be exempted from Public School rates unless Id' 'uded in separaM Sec (ion. [No. 2337, M.] J-H'iu-o .; i;;oi.'a«. ;^',.i ",:>] {^^'-t^i'-n yii . Education Office, . - Toronto, 22nd December, 1854. Sib, I have the honor to acknowlege the receipt of your letter of the I7th instant, and to state in reply that, according to your letter, you seem to have been considered for years' past as forming a part of the separate school section, the school of which you have supported. But if you luive simply, as a matter of fairness, justice and usage, and not by any formal act of the township council, been considered as belonging to the separate school section, you can, of course, send your children there under the authority of the IStb section of the supplementary school act, but you cannot claitn exemption from the payment o^ & property sckool rata in the section in which you reside. The simplest and most effectual mode of proceeding in order to accomplish the objects you hdve in view, is to apply to tha township council, in connection with the I 1^ . ' I i It .'•♦i I 232 ri ' 'l*.^ -'I IV' *^ J trustees and others in the separate) Hchool section (to the number of twelve heads of families) to include you in one school section. According to the 19th section of the act, the council will be obliged to comply with your request; and according to the 4th section of the supplementary school act, you will be exempted from the payment of school rates, except for the support of your own separate school, im .-t " ■ ^" ■ I have the honor, &c. " "'''^ i" "" " .'„,, ,. (Signed) .,, ,,^ ^,, ,^, E.RVERSON. Mr. Jambs Clauub, . . i , « , . i School Section Na 8, . ,, . , , . . , > . , . ;. , ', „ ., Sandwich. i J.«! I.i. ii,.: rVi .', i. I U' ■ .!■ it rj.l ..If. t, . JVb. 186. Extract from the Chief Superintendent's Report for 1852. On the provUiona of the law relating to Separate Schools and Religious Instruction. 1. Objevtionitant and Roman Catholic, never exceeded 50. According to the last official returns, (18.")2,) tlieir number is only 25, of which/wwr are colored, three are Protestant, and eiglUeen are lloman Catholic. Were they twice as numerous as they are, they would not affect the general operations and success of the school system. That system never had so strong a hold upon the public mind, and never was so prosperous, as at the present time. If the existence of the provision of the law for separate schools has not subverted, nor weakened, nor impeded the progress of the school system during twelve years of its infancy and weaknf'ss, it is absurd to suppt se that that provision will endanger the system now that it has acquired strength and maturity, and is becoming interwoven with the warmest sympatliies and dearest interests of the people generally. , ,,., i _^. 5. The existence of this provision for separate schools, while it is practically harmless to the school system, prevents opposition and combinations which would otherwise be formed against it. Were there no such provision, how easily could the whole of one large religious persuasion be wrought up into vehement opposition to the school system ; how readily would individuals and small sections of other parties of the community, unite with such an opposition upon similar grounds, but with opposite objects in view ; how promptly would a large number ol persons in every county, opposed upon selfish grounds, to all school rates on property, rise up under the pretexts of religious zeal against " state schoolism." In such circumstances, the school system would indeed be in danger, if not speedily overthrown. The exist- ence of the provision for separate schools averts such opposition and renders such combinations impossible ; it furnishes a safety valve for the explosion and evaporation of those feelings which would otherwise be arrayed agnins'; any national school system. The exemption of our school system from such opposition and combinations if ' :i '■ h I 1 ill k m If' ,J1 .1 234 for its subversion and ovurthrow, luis no doubt contributed to Its more rapid growth and wider success. > <-^ . .hm^- - ^ , 6. The existence of the provision for separate schools has, in my opinion, averted and does avert, evils from other parties — parties amonjy; whom the few separate schools chiefly exist. We have only to look to other states and countries to find examples of prohibitions, by ecclesiastical authority, to the youth of a large portion of the community from attending the public schools at all, because of their alleged danger to religious failh and morals ; and in consequence of such prohibitions, many thousands of youth have been seen growing up deprived of all school education; — it being maintf.ined that it is better lor our youth to grow up without ability to read or write, than to have their religious faith corrupted or endangered. From official intimations given, there is every reason to believe that such prohibitions would be made in Upper Canada, as they have, indeed, been made in several places. The result would be the growing up amongst us of many thousand youth wholly unedu- cated, and invelerately hostile to their fellow citizens of other religious persuasions. But with the provision in the law for the establishment of separate schools, those eccle- siastics vho prohibit the youth of their floclcs from attending the public schools are morally and literally compelled to see them provided with other schools ; and where they neglect or fail to do the latter, they cannot honorably prohibit youth from the ad- vantages of the former. Thus does this provision of the law afford a protection, as ■well as means, for securing to great numbers of youth a school education of which they would otherwise be deprived. "* ' ' r • ■ "n. 7. Religious minorities in school municipalities of Lower Canada, have the pro- tection and alternative of a separate school ; and those minoiities (being there chiefly Protestants) attach injportanee to this provision. Religious minorities in Upper Canada, whether Protestant or Roman (vatholic, cannot be fairly denied that relative protection or right which, under the same legislature, they enjoy in Lower Canada. 8. The most, and. in my opinion, only effectual method of causing the ultimate discontinuance and abandonmenr of separate schools, is to retain the existing por- visions of the law on the subject.* That provision seeures all that is granted to the dissenting minority of any municipality in Lower Canada, all that can be equitably asked for by such minority in any municipality of Upper Canada. 1 do not tliink the grounds on which separate schools are established, are valid ; I do not think there is any reasonable necessity for such schools; I think the law providers amply for the pro- tection of the religious faith and morals of all classes in the public scliools; I think those who establish separate schools voluntarily and needlessly place themselves and their children at a disadvantage in regard to sound education and in relation to the community at large;.! think it is impossible to make, as a general rule, the separate schools as efficient and cheap as the public schools ; 1 think no other sciioolaf can stand long in competition with the public free schools, especially in our cities, towns, and villages. But it is for the parties concerned to judge of their own interests and * See the extract of the law as it existed before tlie paiiaage of the Roiiiuu Catholic separate school lav of 1856, ia No. 1 of this correspondence. 235 ite scltuol law incHnations, not mo. 1 am persuaded nothing bat aotual experiment will satisfy them ; and I am equally persuaded that that experiment, the longer and more exton- sively it is tried, will produce only the deeper and wider conviction as to the disad* vantage and incxpedience of separate schools. £x])erience and observation will teach the parties concerned, th .,1 their leilow citizens of other religious persuasions are not tlie unbulievers and dangerous characters they are represented to be ; that they have more iiitcrustii and feelings in common with them, than in opposition to them ; that the tendencies of the age, and of all the institutions and enterprises of our country, are to cooperation and union among all classes of citizens, rather than to isolation and estrangement from each other ; that there is no part of the civil and social economy in which this geuHral cooperation and unity are more important and advantageous to ail parties, than in the mental development of th«^ whole youthful population of the country, and thedifTusion of general knowledge ; that as all situa- tions of public trust anA emolument in our country are directly or indirectly depend- ing upon the elective voice of the people, every man is inflicting an iryurv upon his children, who seeks to isolate them from that acquaintance and intercourse and com- munity of feeling with their fellow citizens, which, in the very nature of things, is necessary to secure general confidence and favor. These silent and natural, but powerful, influences and obvious considerations will be more decisive and eflective, as to the multiplication and perpetuation of separate schools, than all the arbitrary legislation that can be invoked on the subject. The burdens and disadvantages which Mre voluntarily embraced and self-incurred, cannot be complained of as a grievance, and will not be long regarded as a privilege. I .(- 9. But it has been objected, that by the 4th section of the Supplementary School Act, passed in June, 1853, a new principle has been introduced in regard to separate schools, and the public system is thereby endangered. The fact of the objection is true, but the inference is false. The new principle introduced is that which places the public school system beyond the reach of danger, instead of compromising it. This new principle is included in a fourfold provision : — First^ That no municipal authority shall be employed, or municipal tax be applied, as heretofore, in support of any separate school. Secondltj, That whatever is raised by local rate for the sup- port of a separate school, must be levied and collected by and from the parties of the religious persuasion establishing and sustaining it. Thirdly, That these parties must individually tax themselves for tlieir school in sums equal to what they would have to pay as a tax to the school fund of their municipality ; and on this condition alone, and only as long as they fulfil it, are they exempt from the payment of public school tax Fourthly, That the parties supporting separate schools are not permitted, as heretofore, to interfere in the elections and affairs of the pul)lic schools. Ni/W, every candid person must admit, that by these provisions, the public school system is placed upon a firmer and safer foundation than heretofore, while the grievance alleged by the supporters of separate schools, is effectually removed. They demanded to share, not merely in what was he d to be the legal school fund — namely, the legisla- tive school grant, and an equal sum raised by local municipal assessment, — hut on all moneys raised for school purposes ; and complained that they were taxed for '■i ) r ■i n '1 it 236 moneys, in tl»p ndvantnKos of which they co ild not parti(i|)ate. The 4th section of the Su[)pleiTit'ntary School Act says, in suhstance, "very well, you sthull not be re- quired to pny nny public Kchnol t;ix tit nil, as long as you choose to sepiinite yourselves fi'oiti the p'lblic soIumiIs ; but you shftll not sh.irj in any inunioipiil assestHinent for school purposes; you shall not interfere in public school elections; you must tax yourselves in sums equal to those of the required public school tax, and only so long ns you do so, can you be exemjited from the payment of such tux." In regard to this section of the Supplementiiry School Act,' let it therefore bo understood : — f\rsf., That no separate school can be estaiiliahi-d or continued otherwise than on the con- ditions and utid(T tlie eirciiiostanees specilled in ihe IDth section of the School Act of 1850, and which s(»ction is the same as corresponding sections in the School Acts of 1840, 1843, and 1841. Secondli/, I hat no part of any municipal assessment can be applied, and no municipal authority or officer can bo employed, to collect rates for the support of any separate school — a grea» improvement in the school law as it has hitherto existed on this 8id)ject. Thinlhj, Th:it if any persons, whether Protest- ant or Roman Catholic, demand a separate school in the circumstances under which it may be allowed, they must tax themselves for its support and they must make re- turns of the sums they raise and the children they teach — a rej^ulation not before required, but rendered necessary in order to make out the schotd assessment roll, and to determine the collector's duties, as also to know whether the children reported arc of the relijrious persuasion ot the separate school ; — a regulation required half- yearly of all trustees of public schools in respect to the attendance of children at school; and upon the basis of the returns thus required, is the school fund half-yearly distributed. Fonrthi'y, That separate schools are subject to the same inspections as other common schools. Fifthly, That all ground and semblance of complaint of in- justice is taken away from Ihe supporters of separate schools, while they can no longiT employ municipal authority and municipal assessments to sustain them. Sij-f/ili/y That the supporters of separate schools cannot, as formerly, interfere in the public .school elections, while the supporters of the public schools cannot interfere in the elections of the separate schools. If, then, separate schools have not hitherto endangered our school system, there is still less danger of there being able to do so, under the Suplementary School Act, the provisioii.s of which put it out of the power of any opposcrs'to shake the foundations of the system, or get up a plausible pretext of agitation against it on the plea of religion or justice. The withdrawment of a few persons here and there from the support of the public .schools, will scarcely be felt by the people at large — even in a pecuniary sense — while the disadvantage will be with the separatists ; and the supporters of the public schools in such localities will have the advai tage of proirioting the interests of general education, free from the impediments of internal discord and opposition. 10. One other allegation has been made, calculated to excite prejudice and opposition against the 4th section of the supplementary school act in regard to separate schools. It has been .cpresented as a party concession to ecclesiastical demands and Ix)vver (^anada influence I am able to assert, from personal knowledge, that no part of that section was dictated, or suggested, or modified by 237 any public iiihii in Lower Ciuitula. I oan also ullii'm tliut it wan prupnred by myHeir, and Hubinilled tu the coll^ii(.^l■iilion ot tlie government wiihoitt pruvioii!* consultation with nny nifinlim' of it uu the Hul)jttct ;* und 1 coiistruclud it nucuniintf to whut I Imd previouslv HlHted in un oHicinl cormspon(!oiic»% which was approvt-d by those who have most ol'jt^ctcd to this provision «)f tiiu act.f 'I'Ih! rcsponsibiliiy of others, whether miniflters of the crown or privato members of the h-gislature, was in sanctioning Hubstantially that wtiich wns subniitted to them , and in whut I submitted, I yielded to no other influencb than ot' a, nimple desire to give efTcct to the already existing legal provision Tor separate schools, in such a way as would leave to the supporters of such schools not the slightest reasonable pretext of complaint, and yet maintained, unimpaired and secure, the great principles and interests oi* the public school symtem. 1 maks these remarks, not with a desire to relieve any public man from his just share of res|K)nsibility in regard to the school law, or to object to the freest expression of opinion respecting it, but to prevent it from being brought into the arena of party politics — an occurrence which I should regard as must calamitous in the progress of our school system. Upon the several grounds, .therefore, thus stated, 1 think the existing provisions of the law respecting separate schools should be allowed to remain in the statutes, as most promotive oi the stability, success, and general interests of the school system, in the existing state of society. In the efficiency of that systom I have as deep an interest and ooiKsern as any other person in Upper Canada, and am, perhaps, as favorab';' situated forjudging as tu the real impediments to its progress; and such is the suggestion I feel it my duty to offer. 3. Objections of Certain Adoocatea of Separate Schools. — I novv address myself to a brief notice of objections from an opptwite quarter — objections from some of the promoters of separate schools, who, not content with the existing provisions of the law, (with which, nevertheless, they had heretofore expressed themselves ftilly satisfied,) are demanding further modifiGations ; and as they have intimated an intention to bring the question again before the legi^tlature, it is proper that 1 should notice it, that the members of the legislature, and the public at large, may fully understand the nature and grounds of the recent and proposed movements. 1. It is alleged as a reason for the fewnes<( of separate schools, that unreasonable obstacles are opposed to their establishment by the provisions and administration of the law. On this allegation 1 remark that the time and mode of organizing a separate school section, is precisely the same as that of altering any common school * See the original draft of this Bectlon as prepared by the Chief Superintendent, in Xo. 2 of this corres' pondence, page 22. f "It is po8«ible that ohe legislature may accede to the demand? of individuals praying, on the grounds of coDSolence, for nnrestricted liberty of teaching; exempting them from nil school taxes, with a corrusponding exclusion of their children from all public schools, and leaving them perfectly free to eetablish their own iohoolfl at their own expense ; but I am persuaded the People of Upper Canada wijl never sufTer themselves to be taxed, nor the machinery of their government to be employed, for the building and support of denominational school houses, any more than for denominational places of worship and clergy.*' — Letter of the ChUf Superintendtnt of Schoolt for Upper Canada, to the Roman Galholio Bishop of Toronto, dated \%th March, 186'J. i , v c 238 section,* with the single and only HifTi-roncr that the applioiiiion of twelve resident hetiils of fiunilic.t of the religious p'rsiiiiMion of the .siipamle aciiool disired, in neccHsary in order to its estahiidhmeiit ; iitid this appliciition is impvrutiw. on the parlies to whom it is addressed. The applications ot pornon^ for the alteration of n school 8ectioti. and foriontion of a new .)ne, may or may not he eotnplied with, according to the pleasure of the hody addresHcd ; hut an application, according to law, from twelve heads of families in a school division, for a i-epar.ite school, cannot he refused ; and there is no mode of procedure recjuircd tor the elt;clioii of the corporation for a separate school, which is not required for the election of the school corporation in every new school section in Upper Canada. The first and annual elec- tions in hoth classes of sections, are conducted in the san>e maimer, and at the same time.f There is, therefore, not the slightest foun lation for the allegation referred to. The allegation that the law is administered to the disadvantage of separate schools, is as equally unfounded. In every instance, with one or two exceptions, where complaints on this suhject have been nxide, it has appeared that the complaining parties liave neglected to pay any regard to those simple and necessary provisions of the law by which school sections of all kinds are estahlishod ; and then when their expectations ard wishes are not realized, they ascribe the failure, not to their own irregular mode of procedure, but to the hostility of the administration of the law. The correspondence of this department will show how much pains have been taken to point out to these parties their mistakes, how they might be avoided cr retrieved, and how all the advantages of the law could he secured to them. Before the least credit is given by any member of the legislature to such imputations upon the administration of the school law, let the cases on which they are based, be specified, and let the ofHcial correspondence of this department respecting them be called for ; and I am persuaded every candid man will be satisfied that all such imputations are not only groundless, but the reverse of justice and truth. '' ' ft. It has also been objected to make the required statistical return:> to the local municipal authorities, and a desire has been expressed to make such returns to the * " Provided always that each separate 8cl)ool .-hall l'O into opvrution at the same time with alterations in school Bections." — Firtt Proviao, in \9th section of the School Act of I860. — "Provided secondly, that any alterations in the boundaries of a school section sball not go into effect bvfore tho Twenty-fifth day uf December, neit after the time when it sh. II have been made."— Sctv.nJ Ptovito in fouith elatue of ISth tection of School Act of 1860. f " The municipal council or board of school tnisteea shnll make the same provision for the holding of the first meeting for the election of trustees of each such separate school as is provided in the 4th saction of this Act for holding the first school meeting in a new school seetiou"— 19//« section, Act o/lSSO, "To form portions of the township where no s-hools have been established, into school sections j to appoint a person in each new school section to call the first school section meeting ; and to cause such person to be notified In the manner prescribed in the fourth sectioa of this act." — \8th tection, Act of 1860. "When- ever any school section shall be formed in any township, as provided in the 18th section of this act, the clerk of the township shall coramunicnte to the person appointed to oall the first school meeting for the election of trustees, the description and number of such school section ; and such person sball, within twenty dnys thereafter, prepare a notice in writing, describing such section, and appointing a time and place for the first school section meeting, and shall cause copies of such notice to be posted in at least three public place? in such school section, at least six days before the time of holding such raeejiog."— 4<* .V '■',,; At of]^'(). 839 JT the holding of de 4th section of 850. " To form point a person in 1 to be notified 1860. " When- ion of thie act, meeting for tlie lun shall, wlthia nig a time and in at least three nieetiDg." — ith Chief Superintendent of .ScHooIh ulonp, nnd rrcoivo directly from him, noting under thv? orders of the Governor Gen«Mnl in ('ouncll, iho npportionment and payiiKUit of moneys to scparnte schools, l his would ho phicinj; H«ipnruto pchools in a dilfitrent position from any other schools, would virtually e.x'unpi them from all inspt-ction, and their returns from all enquiry as to correctnoss ; for it is imponsiblu th:it tho head of tho drpiirtmont can know anything as to tho fairness of such returnH, or the cotnpjirativo half-yearly uvonige nttenda iro of pupils at the public nnd anparato schofils, without going nnd examininj; l!.o rea[ister of tho schools and tho modes of keeping them ; nor would it he poHsiblo for him to devote the time and labor neoessiiry to perform these duties of the local superintondonts, were ho even able to investic^uto and Judge of the c irrectness of the returns made. Unless such rrturnsure made to the local .superintendents, the municipalities would not have the rei' of the religious persuasion establishing them, and not, as at present, according to the number of children of such persuasion attending them, as compared with the number of children attending the public schools. This demand involves legislating for a class or rehgious periuiasion ; it annihilates individual right of choice, and places the right of every individual .of a religious persuasion in regard to tho public schools, and bis obligations as to the separ.ito schools, at the disposal of such persons in each municipality as may demand a separate school; whereas the law provides public schools for all upon equal terms and under equal protection, and will separate no citizen I rem his rights and obliga- tions in regard to these public institutions, except by his own voluntary request and on the fulfilment on his part of certain corresponding conditions. The law has to do with individuals and individual rights, not with religious persuasions or ecclesi- astical authorities. ' It will be seen that each of the three foregoing objections and demands involves directly or indirectly the placing of the church above the state, and making the latter the agent, tax-assessor, and collector for the former — a policy repugnant to the principles of free government, and at utter variance with the enlightened .spirit of our country and age. These demands originate from a natural desire to counteract the (isaid vantages necessarily attendant upon the establishment of separate schools, and to place them in a position of peculiar advantage. But as long as a part is less and weaker than the whole, so long must those who isolate themselves from public schools and establish private or denominational ones, be prepared to bear additional expenses and burden for this distinction and gratification. Another reason for these demands is. the new grounds on which separate schools ajq advocated. Heretofore W f i 240 they were only desired to meet the peculiar circumstiinces oi* extreme cases of neighborhoods, where religious bigotry and party spirit deprived the minority of protection from injustice ami oppression ; but, within the last jear or two, separate schools have been demanded on the ground of theory, independent of any local circumstances, and upon the ground of avowed hostility to the principles of our whole public school system ; and in this spirit the passing ol the 4th section of the Bupplementary school act was ctilebrated by the newspaper advocates of separate schools as a fatal blow to the public school system. When, therefore, modifications in the law are sought for with the av(»wed purpose of subverting and destroying the system of public schools, the qUi>stion assumes a new aspect nnd a new importance with all those who consider it the duly of the state to provide for the education of all the youth of the state. . 4. It has lately been objected that injustice is done the pai-ties establishing separate schools by the present mode of distributing the school library grant, and it has been insisted that the grant should be distributed to them according to the numbers of their religious persuasion, and not to the township and school munici- palities, as is now done. Oa this objection and demand, I have to remark, — First. That these libraries are not established for denominational, but for general purposes, —Secondly. That the utmost fairness and impartiality have bnen exercised in the selection of the books, — ^Thirdly. That besides my own personal endeavors to procure as large a variety as possible of the best works, adapted to general reading, emana- ting from Roman Catholic, as well as Protestant, authors, application was made to the Roman Catholic Bishop of Toronto, (who is also a member of the council of < public^nstruction,) for a list of historical works, such as he would recommend ; and the historical books, thus recommended, have been inserted in the official catalogue. Fourthli/, — That I have given official notice, that the trustees of separate schools would be aided upon the same terms as trustees of the public schools in the establishment of school libraries.* These facts have been kept from their readers by the publications which have assailed the school system and myself on this subject. 5. I think it my duty to advert here to the manner in which I have myseFboen treated by the advocates of separate .schools above referred to. During the whole of my administration of this department, I have known neither religicas sect nor political party ; 1 have endeavored simply to serve my country. The first and only official correspondence which has partaken of a controversial character, was with the Roman Catholic Bishop of Toronto. That correspondence was called for. and printed by order oi", the legislative assembly ; and with a fairness characteristic of French manliness and honor, it was published entire by the principal French newspapers oi" Lower Canada. The effect was, I have reason to believe, a satis- factory conviction among public men generally, if not unanimously, in Lower Canada, that I had fulfilled my duties in an impartial manner. But the papers of , the same religious persuasion, published in the English language, have pursued a very different course. To those journals I should make no allusion, were they not • See letter No. 17 of this corrc^ponJence, pnge 64. 241 acknowledged organs of certain parties, and had they not been commended hy Episcopal authority, to the confidence and support of a large religious persuasion. In regard to the course pursued by those journals, I have tu draw attention to two things. (I.) The invoking of Lower Canada interference in an exclusively Upper Canada question, — getting up discussions and petitions in Lower Canada, for legislation in the school matters of Upper Canada. No portion of the Canadian press is more sensitive and hostile than those journals, and ti'ie parties they represent, against any interference on the part of Upper Canadians with the religious and educational establishments of Lower Canada; ai i from the beginning I have avowed the same opinion, and pursued the same course, — believing, that an opposite course on the part of the inhabitants of either section of Canada, would sever the union of the two Provinces, if not produce more serious results. Yet these journals have commenced the example and advocacy of a course of proceeding which every friend of united Canada must deprecate, and which, if persisted in, is pregnant wiilv disastrous consequences. (2 ) These journals have not permitted tiicir readers to see one paragraph that I had written in the official correspondence above referred to ; but have systematically misrepresented the purport of it ; have assailed me in terms most abusive, and still continue the demaild tor my removal from office. It is well known to every reader of it, that that correspondence had no reference whatever, (as represented by these journals) to the existence or non-existence of separate schools, but simply to the proportion of moneys appropriated and raised for school purposes, to which separate schools were legally and Justly entitled. lt> in the course of the correspondence, I remarked upon other topics, it was known toi be in reply, and in vindication of the impugned principles, and character and institutions- of the great majority of the people of Upper Canada. Then as to removal from office, I leave, as I always have done, to the responsible authorities of the country,, the absolute disposal of an office, for appointment to which, or continuance in whiclit I never made a request, and which I do not wish to fill any longer than I can do- so to the satisfaction, and for the advantage of my country. But 1 have one request to prefer in regard to myself, and one in regard to the school law and system, to- establish and extend which so much labor has been bestowed : The first request is, that before even the slightest credence be given to the statements of the parties referred to, the official correspondence of the department may be called for, when it will be seen whether I am more entitled to the gratitude or abuse of such parties. The second request is, that before the existing settlement of the separate school question be allowed to be disturbed, let the complaining parties specify their charges against the present provisions and administration of the law, and the facts in support of such charges, and let a commission or committee of the legislative assembly be appointed to investigate them. I shrink from no invescl> gation ; I court every inquiry that can be made. , I should have passed over these attacks in silence, as I have done in regard to- many others, were they not made by the organs of certain ecclesiastical parties, and! made with the view of demanding and obtaining further provisions for separate I schools, and with the avowed purpose of ityuring and destroying a provincial system I of universal education. Under such circumstances, I think the objects of the&e objected to by his or her parents or guardians; Provided always, that within this limitation, pupils shall \m allowed to receive such religious instruction as their parents or guardians ■hUl desire, occoMing to the gd:ieral regulations which shall be provided according to law.' *' In the section of the act thus quoted, the principle of religious instruction in the schools is recognized, the reatriotion within which it is to be given is stated, and the exclusive right of each parent and guardian eu the subject is secured, without any interposition from trustees, ■uperiniendents, or the government itself. *'The common school being a day and not a boarding school, rules arising from domesUo relations and, tildes are not required ; and as the pupils are under the care of their parents and guardians on Sabbaths, no regulations are called for in respect to their attendance at public worship. ** In regard to the nature and extent of the daily religious exercises of the school, and the special I liigious instruction gi/en to pupils, the Council of Pablio Instruction for Upper Canada makes the following I ovulations and recommendations : — "1. The pub ic religious exercises of each achool shall be « matter of mutual voluntary arrangement lb .'tween the truMaes aud teacher} and it shall be a matter of mutual voluntary •rrangement between the O — --»«*'-" 245 have those parties who have thought proper to assail the school system, and myselT personally, on the question of religious instruction, quoted a line from what I have professedly written on the subject, or from the reflations which I have recom- mended ; while such parties have more than once J3retended to give my views by quoting passages which were not at all written in reference to this question, and which contained no exposition of my views on it. As some prominence has been given to this question during the year by indi- vidual writefs,^ and some vague statements and notions put forth, I Will offer a few remarks on it. 1. My first remark is, that the system of common school instruction should, like the legislature which h&s established, and the government that administers it, be non-sectarian and national. It should be considered in a provincial, rather than a denominational point of view — in reference to its bearing upon the condition and interests of the country at large — and not upon those of particular religious persuasions as distinct fron^ public intetests, or upon the interests of one religious persuasion more than upon those of another. And thus may be observed the difference between a mere sectarian and a patriot — between one who considers the institutions and legislation and government of his country in a sectarian spirit, and another who regards them in a patriotic spirit. The one places his sect above his country, and supports or opposes every public law or measure of government just as it may or may not promote the interests of his own sect irrespective of the public interests and in rivalship with those of other sects ; the other views the well-being of his country as the great end to be proposed and pursued, and the sects as among the instrumentalities tributary to that end. Some, indeed, have gone to the extreme of viewing all religious persuasions as evils to be dreadel, and as far as possible proscribed ; but an enlightened and patriotic spirit rather views them as holding and propagating in common the great principles of virtue and morality, which form the basis of the safety and happiness of society ; and therefore as distinct agencies more or less promotive of its interests — their very rivalships tending to stimulate to greater activity, and, therefore, as a whole, more beneficial than injurious. 1 think a national system of public instruction should be in harmony with this national spirit. I ''h<\ H w teacher and the parent or guardian of ench pupil, as to whether he shall hear such pupil recite from the tcriptures or catechism, or other summary of religious doctrine and duty of the persuasion of such parent or guardian. Such recitations, however, are not to interfere with the re};ular exercises of the school. " 2. But the principles of religion and morality should bo inculcated upon all the pupils of the school. What the Commissioners of National Education ia Ireland state as existing in schools under their charge, should characterize the instruction given in each school in UppeH Canada. The Commissioners state that 'in the national schools the importance of religion ia constantly impressed upon the minds of children through the works calculated to promote good principles and RIl the heart with love for religion, but which i»re so compiled as not to clash with the doctrines of any particular clitss of Christians.' In each school the teacher should exert his best endeavors, both by example and precept, to impress upon the minds of all children and youth committed to his care and instruction, the principles of piety, justice, and a sacred regard to truth ; love to their country ; humanity and universal benevolence ; sobriety, industry, frugality, cliastity, moderation, temperance, and those other virtues which arc the ornament of society aiid on which a free constitution of government is founded ; and it is the duty of each teacher to endeavor to lead his pupils, as their ages and capacities will admit, into a clear understanding of the tendency of the above- mentioned virtues, in order to preserve and perfect the blessings of law and liberty, as well as to promote tlieir future happiness, and also to point out to them the evil tendency of the opposite vicei." m t :| 246 2. I remark again, that a system of public instruction should be in harmony with the views and feelings of the great body of the people, especially of the better educated classes. I believe the number of persons in Upper Canada who would theoretically or practically exclude Christianity in all its I'orms as an essential element in the education of the country, is exceedingly small, and that more than nine-tenths of the people regard religious instruction as an essential and vital part of the education of their offspring. On this, as well as on higher grounds, I lay it down as a fundamental principle that religious instruction must form a part of the education of the youth of our country, and that that religious instruction must be given by the several religious persuasions to their youth respectively. There would be no Christianity among us were it not for the religious persuasions, since they, collec- tively, constitute the Christianity of the country, and, separately, the several agencies by which christian doctrines and worship and morals are maintained and diffused throughout the length and breadth of the land. If in the much that certain writers have said about and against " sectarian teaching," and against " sectarian bias" in the education of youth, it is meant to proscribe or ignore the religious teaching of youth by sects or religious persuasions ; then is it the theory, if not the design of such writers to preclude religious truth altogether from the minds of the youth of the land, and thus prepare the way for raising up a nation of infidels ! But if, on tlie other hand, it be insisted, as it has been by some, that as each religious persua- sion is the proper religious instructor of its own youth, therefore each religious persuasion should have its own elementary schools, and that thus denominationiil common schools should supersede our present public common schools, and the school fund be appropriated to the denominations instead of to the municipalities ; I remark that this theory is equally fallacious with the former, and is fraught with conse- quences no less fatal to the interests of universal education than is the former theory to the interests of all Christianity. The history of modern Europe in genera!, and of England in particular, teaches us that when the elementary sciiools were in the hands of the church, and the state performed no other office in regard to schools than that of tax-assessor and tax-gatherer to the church, the mass of the people were deplorably ignorant, and, therefore deplorably enslaved. In Upper Canada, the establishment and support of denominational schools to meet the circumstances of each religious persuasion would not only cost the people more than five-fold what they have now to pay for school purposes, but would leave the youth of minor religious 'persuasions, and a large portion ol the poorer youth of the country, without any means of education, upon terms within the pecuniary resources of their parents, unless as paupers, or at the expense of their religious faith. 3. But the establishment of denominational common schools for the purpose of fieno ainational religious instruction itself is inex])edient. The common schools are not boarding but day schools. The children atttmding them reside with their own parents, and are within the charge of their ovi'n pastors ; and therefore the oversight mid duties of the parents and pastors of children attending the common schools aie r.ot in the least susj)en(led or interfered with. The children attending such schools can be with the teacher only li'om nine o'clock in the morning until Ibur o'clock iu ■*■ 247 the afternoon of five or six days in the week, while during his morning and night of each week day and the whole of Sunday, they are with their parents or pastors ; and the mornings and evenings, and Sabbath of each week, are the very portions of time which convenience and usage and ecclesiastical laws prescribe fur religious studies and instruction — portions of time during which pupils are not and cannot be with the tet'.cher, but are and must be under the ovcr^jight of their parents or pastors. And the constitution or order of discipline of each religious persuasion ei\joiiis upon its pastors and members to teach the summary of religious faith and practice required to be taugiu to the children of the members of each such persuasion. I might here adduce what is enjoined on this subject by the Roman Catholic, and the several Protestant churches ; but as an examp' ' what is required, in some form or oiher, by the laws or rules of every religiowi persuasion, 1 will quote the 5J)th canon of the Church of England, — which is as follows : "Every parson, vicar, or curate, upon every Sunday and holy day, before evening prayer, shall, for half an hour or more, examine and instruct the youth and ignorant persons in his parish, in the Ten Commandments, the Articles of the Belief, and the Lord's Prayer; and shall diligently hear, instruct, and teach them tlie catechism set forth in the book of common prayer; and all fathers, mothers, masters and mistresses, shall cause their children, servants and apprentices, which have not learned the Catechism, to come to the church at the time appointed, obediently to hear, and to be ordered by the minister until they have learned the same. And if any minister neglects his duty herein, let him be sharply reproved upon the first complaint, and true notice thereof given to the bishop or ordinary of the place. If, after submitting himself, he shall willingly offend therein again, let him be suspended ; if so the third time, there being little hope that he will be therein reformed, then excommunicated, and so remain until he will be reformed. And, likewise, if any of the said fathers, mothers, masters, or mistresses, children, servants, or apprentices, shall neglect their duties, of the one sort of not causing them to come, and the other in refusing to learn, as aforesaid-, let them be suspended by their ordinaries, (if they be not children,) and if they so persist by the space of a month, then let them be excommunicated." " • ' , To require, therefore, the teacher in any common day school to teach the catechism of any religious persuasion, is not only a work of supererogation, but a direct interference with the disciplinary order of each religious persuasion; and instead of providing by law for the extension of religious instruction and the pro- motion of christian morality, it is providing by law lor the neglect of pastoral and parental duty, by transferring to the common school teacher the duties which their church enjoins upon them, and thus sanctioning immoralities in pastors and parents, which must, in a high degree, be injurious to the interests of public morals no If.ss than to the interests of children and of the common schools. Instead of providing by law for denominational day schools for the teaching of denominational catechisms in school, it would seem more suitable to enforce by law the performance of the acknowledged disciplinary duties of pastors and members of religious persuasions by not permitting their children to enter the public schools until their parents and pastors had taught them the catechism of their own church. The theory, therefore. 1 II A I \i\ i 1 I k* I 248 of denominational day schools is as inexpedient on religious grounds as it is on the grounds of economy and educational extension. The demand to make the teacher do the canonical work of the clergymen is as impolitic as it is selfish. Economy as well as patriotism requires that the schools established for all should be open to all upon equal terms, and upon principles common to all— leaving to each religious persuasion the performance of its own recognized and appropriate duties in the teaching of its own catechism to its own children. Surely it is not the province of government to usurp the functions of the religious persuasions of the country; but it should recognize their existence, and therefore not provide for denominational teaching to the pupils in the day schools, any more than it should provide such pupils with daily food and raiment, or weekly preaching or places of worship. As the state recognizes the existence of parents and the performance of parental duties by not providing children with what should be provided by their parents — namely, clothing and food ; — so should it recognize the existence of the religious persuasions and the performance of their duties by not providing for the teaching in the schools of that which each religious pei-suasion declares should be taught by its bwn minis- ters and the parents of its children. 4. Rut, it may be asked, ought not religious instruction be given in day schools, and ought not government to require this in every school ? I answer, what may or ought to be done in regard to religious instruction, and what the government ought to require, are two difierent things. Who doubts that public worship should be attended and family duties performed ? But does it therelbre follow that govern- ment is to compel attendance upon the one, or the performance of the other ? If our government were a despotism, and if there were no. law or no liberty, civil or religious, but the absolute will of the Sovereign, then government would, of course, compel such religious and other instruction as it pleased, — as is the case under despotisms in Europe. But as our government is a constitutional and a popular government, it is to compel no farther in matters of religious instruction than it is itself the expression of the mind of the country, and than it is authorized by law to do. Therefore, in the " General Regulations on the Constitution and Government of Schoob respecting Religious Instruction,'* (quoted in a note on a preceding page) it is m>)de the duty of every teacher to inculcate those principles and duties of piety and virtue which form the basis of morality and order in a state, while parents and school teachers and school managers are left free to provide for and give such further religious instruction as they shall desire and deem expedient. If with us, as in despotic countries, the people were nothing politically or civilly but slaves and machines, commanded and moved by the will of one man, and all the local school authorities were appointed by him, then the schools might be the religious teachers of his will ; but with us the people in each municipality share as largely in the fnanagement of the schools as they do in mak'ng the school law itself. They erect the school houses; they employ the teachers; they provide the greater part of the means for the support of the schools ; they are the parties immediately concerned — the parents and pastors of the children taught in the schools. Who then are to be J he judges of the nature and extent of the religious instruction to be given to the 249 pupils in the schools, these parents and pastors, or the executive government, ooun> selled and administered by means of heads of departments, who are changed Trom time to time at the pleasure of the popular mind, and who are not understood to be invested with any religious authority over the children of their constituents? 5. Then, if the questions be viewed as one of fact, instead of theory, what is the conclusion forced upon us ? Are those countries in Europe in which denomina- tional day schools alone are established and permitted by government, the most enlightened, the most virtuous, the mast free, the most prosperous, of all the countries of Europe or America T Nay, the very reverse is the fact. And it were not difficult to show that those denominational schools in England which were endowed in former ages, have often been the seats of oppressions, vices, and practices, that would not be tolerated in the most imperfect of the common schools in Upper Canada. And when our common schools were formerly, in regard to government control, chiefly under the management of one denomination, were the teachers and schools more elevated in their religious and moral character, than at the present time? Is not the reverse notoriously the case ? And if enquiry be made into the actual amount of religious instruction given in what are professedly denominational schools, whether male or female, (and I have made the enquiry,) it will be found to consist of prayers not more frequently than in the common schools, and of reciting a portion of cate- chism each week — a thing which is done in many of the common schools, although the ritual of each denomination requires catechetical instruction to be given else- where and by other parties. So obviously unnecessary on religious grounds are separate denominational schools, that two school houses which were built under the auspices of the church of England for parish schools of that church — the one at Cobourg, by the congregation of the Archdeacon of Yoik, and the other in connec- tion with Trinity church, Toronto East — have, after fair trial, been converted for the time being into common school houses, under the direction of the public boards of school trustees in i oronto and Cobourg. 6. I am persuaded that the religious interests of youth will be much more eiTectually cared for and advanced, by insisting that each religious persuasion shall fulfil its acknowledged rules and obligations for the instruction of its own youth, than by any attempt to convert for that purpose the common day schools into denominational ones, and thus legislate for the neglect of duty on the part of pastors and parents of the different religious persuasions. The common day school and its teachrr ought not to be burthened with duties which belong to the pastor, the parent and the church. The education of the youth of the country consists not merely of what is taught in the day school, but also what is taught at home by the parents and in the church by the pastor. And if the religious part of the education of youth is, in any instance, neglected or defective, the blame rests with the pastors and parents concerned, who, by such neglect, have violated their own religious canons or rules, as well as the express commands of the holy scriptures. In all such cases pastors and parents are the responsible, as well as guilty parties, and not the teacher of the common school, nor the common school system. 7. But in respect to colleges and other high seminaries of learning, the case is different. Nuch institutions cannot be established within an hour's walk of every w.v, I 1 t U m 250 man's tloor. Youth, in order to attend them, must, as a general rule, leave their homes, and be taken Irom the daily oversight and instructions of their parents und pastors. During this period of their education, the duties of parental and piiNtural care and instruction must be suspended, or provision must be made for it in connec- tion with such institutions. Youth attending colleges and collegiate seminaries are at an age when they are most exposed to temptation — most need the best counsels in religion and morals — are pursuing studies which most involve the principle's of human action, and the duties and relations of common life. At such a period and under such circumstances, youth needs the exercise of all that- is tender and vigilant in parental aiTection, and all that is instructive and wise in pastorial oversight ; yet they are far removed from both their pastor and parent. Hence what is supplied by the parent and pastor at home, ought, as far as possible, to be provided in con- nection with each college abroiid. And, therefore, the same reason that condemns the establishment of public denominational day schools, justifies the establishment of denominational colleges, in connection with which the duties of the parent and pastor can be best discharged. Public aid is given to denominational colleges, not for denominational purposes, (which is the special object of denominational day schools,) but for the advancement of science and literature alone, because such colleges are the most economicab efficient, and available agencies for teaching the higher branches of education in the country ; the aid being given, not to theological seminaries, nor for the support of theological professors, but exclusively towards the support of teachers of science and literature. Nor is such aid given to a denominational college until after a large outlay has been made by its projectors in the procuring of premises, erecting or procuring and furnishing buildings, and the employment of professors and teachers —evincive of the intelligence, disposition and enterprise of a large section of the community to establish and sustain such an institution. It is not, however, my intention to discuss the question of recognizing and aiding denominational colleges in a system of public instruction. My objtjct in ihe fore- going remarks is to shew that the objections against the establishment of a system of denominational day schools, do not form any objection to granting aid to denomi- national colleges as institutions of science and literature, and open to all classes of youth who may be desirous of attending them. The more carefully the question of religious instruction, in connection with our system of common sciiools, is examined, the more clearly, I think, it will appear that it has been le(t where it properly belong.s — with the local school municipalities, parents and managers of schools — the government protecting the right of each parent and child, but beyond this and beyond the principles and dutirs of moralities common to all classes, neither compelling nor prohibiting — recognizing the duties of pastors and parents; as well as school trustees and teachers, and considering the united labors of all as constituting the system of education for the youth of the country. — _ UayHofj; i No. of roH Sand li < 5>1 No. of ri'.s aKOii ctl < No. of ^ ►» attmidi < n H Cm No.ofrcsl S Aiid 11 No.ofros aguM att No. of ri attuiidii 1 No.ofreaii Sand 111 No.ofrcsl Offm IVtt No. of 11 nttoiidii ►4 No.ofrcsii Sand 111 No.ofrcsii agesaltt No. of nc attciidin < No.ofr(»i( Sand 111 No.of rcsi ages alti No. of m attendin (Signed,) E. RYEUSOiN. Education Officii;, Toronto, 21tfi September, 1853. £51 J\'o. 188. Forms of Returns from Common and Separate Schools. (n) COMMON SCHOOL SECTIONS. Return of the attendance of children at the School Scctioa No.^ in the Toniship of , for thtt halJ'-yi'ar,J'rum thejirst day of to the day of 185 . LNuuiticr of rt" siik'iit clilMren of iidiool tufa In 8c('tlon_ _-.] DnyMof Month 1 8 S 4 S a 7 8 9 to 31. AVERAOR AIIli.^^.l^i.B. i < as < No,ofro»Wi>iitt'lill(livnb('twu(tal.... 1 We, the underg'igned TVuifteei and TeneTier of the Mction above named, do hereby certifii that the foregoing return i$ a fill, correct and true account of the attendance of children at the said School on the several days stated above. Teacher, Dated this. _day of_ .185 ,claas CertificaU. Trustees qf Union School Section JVo. IiCoruorafe •Sttif to be attached , here. I * Duplicate Returns arc required from Union School Sections— See the the 4th Instruction. 853 in the firtl day of intendtnt, ft Id We ToUl 1 1 . •: . .:. Lj General Inab-uclionx to Trustees and Teachers on the compilation of this Retut-n, 1. The trustees nro to transmit this return, m required by the 5th section of the Supplementary School Act of 1858, signed by a (rnjority of the corporation and the teacher, to the local superintendent, within three dnys after the close of the half year ; and to i^ive such explanations relative thereto as may be required by such local superintendent. 2. The teacher will enter the number of children attending the school on each day, as indicated by the figures at the top of the columns, (numbered from I to 3 1 , according to the days of the month,) from his register, distinguitthing the ages, and whether resident or non«resident. Where kgal or sptcial holidays occur, they should be so written. 3. The teacher will then sum up the daily attendances of re ident children of all ages, and the number of days the school should have been ki^nt open, so as to avoid delay, and to facilitate the duty of the local supenntendent. The attehd* ance of non-resident children need not be added up, as they are not to be ^fden into account in apportioning the school tund, except in oases where the par"i,:9 of such children have property in the section, which is taxed, or liable to tie tuxed. for tha fchool purposes of such section. In such cases they are to be ':^oit:>'ned as reside^i:;j. 4. Union school sections will make a return of the full attendance of children at the school, upon the return provided for them, and transmit exact copies to each of the local superintendents concerned. 5. The term summer, is intended to include the two quarters, from April to June, and from July to September ; and the term winter, the two quarters from October to December, and from January to March. 6. As it is the duty of the trustees to visit the school and see that the register is properly kept, any exaggeration of any of the items in this return, is not only a flagrant disregard of truth, but subjects the trustees or teacher, guilty of it, to a fine of five pounds, each, to be prosecuted beforf> >At>y justice of the peace, by any person whatever ; or such trustees or teacher may be tried and punished for mis' demeanor, and forfeit any share in the school fund. See 13th section of the School Act of 1850. General Instructions to Local Superintendents in regard to this Return, 1. The local superintendent, before accepting this return, will carefully check it, and, if found correct, will sign it as indicated l)elow. All these returns should I be fyled away by the local superintendent, for reference, and for handing over to his successor when he retires from office. ,1 ■!■•( ■U ; ^? 2.54 2. In order to del ermine the mean average, attenflance, according to whicli the school fund should be apportioned, the local superintendent will divide the half- year's aggregate attendance of resident chililreii at each school, either by the number of days such school shouht have been kept open, or by the total number of days in such half-year, whichever he considers most equitable ; but only one of either modes must be adopted for the whole year, and applied toaW the schools of the township. This instruction, however, does not apply to townships in which length of time, only, is adopted as the basis of distribution. 3. The general conditions upon which the school fund is apportioned and paid, are, — (1.) That the section shall have reported for the preceding year, — (2.) That it appear from such report that a school has been kept open in such section for at least six months of such preceding year, by a legally qualified teacher,and (3 ) That tlie semi-annual returns have been sent to the local superintendent. The two first conditions do not apply to neio school sections, — that is, to sections not previously connected with any school municipality. 4. A section having a school open during any portion, or the whole, of one half year, and not any portion of the next, is entitled to share in only that portion (leg- islative school grant or municipal school assessment) of the school fund then payable ; — subject, however, in all cases, to the preceding conditions. But there is no specified length of time required in any such half year to entitle a school to a share in such school fund ; — all that has to be considered is — whether a school has been kept open by a qualified teacher during such half year, and whether the gene- ral conditions stated in section 3, have been satisfactorily complied with. 5. All cheques for school money due a section must be made payable to the teacher, or his order, and to no other person ; nor can a cheque be given except on an order signed by a majority of the trustees of the school section concerned. Examined by me, and found to be. Local Superintendent of Sthooll, Received ,»'':,'*-■■" •' K4 *,* iv • , , )if.-^:- (, ■ -'• •; « ! ;■:.. {/Hi«---is'- «•■"• ■■•' ■'--.• J , f 1 ^ ©t •■ -.A, ,..,,* . , 'n.:' 1, »*!' '•'•-*;. .. "l \h. dav I f_ 185 . 255 =53= (r) SEPARATE SCHOOLS. Halfyearli/ Return of the Trustees and Teacher of thc_ School A'o. in the nf_ from the first day qf_ to the to the Local Superintendent. Separate for the Six Months _day of 185 ^ Peksoxs of the Tleliuious Persuasion of tlifl above named Soparato School sendhiff CUildron or SubscribiuK to such Separate School during tlie Six Jionths now cading. 1 i Cnii.DKES of the Rolitjious Per- HtiaNion of the above named Si'liaiato School. iitt'jiidinfc the Haine during the Six Months noiv ending. NAMES, Rfsidexce wnEN LAST Assessed. AMonsT 8UII8CniB£D. AjiorNT AinEAOT Paid. NAMES. No. of Daj-s in Attend* Ance. 1 We, the nmkrxhjned Trustees and Teacher of the above named- certify that the above is a full, true and correct statement of all matters contained therein. Dated this day of 185 . .Separate School, do hereby Teacher, Trustees qf the Separate Sclioot, The above Xetum has been examined by me, and found to be_ dent of Sehoolt. Local Superintendent of Schools, General Instructions to the School Officers concerned in regard to Separate School Returns, 1, The Trustees of the Separate School are to transmit this Return, accurately and completely filled up, as required by the 4th section of the Supplementary School Act of 1853, signed by a majority of the trustees, and the teacher, to the local superintendent, within three days after the close of the half year to which it refers. 3. The local superintendent, on receipt of this return, will immediately check it, and, if found correct, notify the clerk of the municipality in which such separate school is established, of the names of all the persons who, being members of the same religious denomination, contribute or send children to such separate school, in order that such officers miiy comply with the other provisions of the section of the act referred to. 3. A separate school being entitled to share in the legislative school grant alone, on the basis of the average attendance, as defined in the 2nd section, and in accordance with the conditions stated in the 3rd section of the instructions to local .superintendent in regard to the general half-yearly returns, the local superintendent concerned will pay one-half of the amount such separate school may be entitled to receive from such grant for the whole year, at the end of the first half-j'ear, and the remaining half (more or less) at the end of the second half-year — m each case after receiving the half-yearly returns, and on being satisfied of their accuracy. . 4. All cheques for school money due a separate school must be made payable to the teacher, or his order, and to no other person ; and no cheque can be given except on an order signed by a majority of the trustees of the separate school concerned. 5. Separate schools are subject to the same inspections, visits, and regulations, in regard to reports, &c., as are tl^e public common schooli^ I \% V m i: ^0, 189. Table shewir^g tfie nufhber of Protestant and Roman Catholic V Separate Schools w Upper Canada. MUNIO jl DATE OF E3TABLISHHBNT. | | .e [PALTIIBS. s B; 3S3353S|I| 1 OBSEBVATIOyS. OOUlttT. 0\eagut9 PrMMtt TOWRSHIP. 1 LocMel 1 ... 1 1 ... 1 1 „... 1 100 1 i«i ::::;:r ;::::;:::::.:::;:: ;::'!! 1 |... ... 180 :;: ::: i :;; !!! ;:; ;;; ::; c z z" 1... ... 1 , 191 :::::-:::::::::ir :::::: ••'•*' 1 «0(l 1 1 I ... 209 :::::; i::::::::::::^'c7:;- 1 ... .... „ 1 i!i :::*i7 ... 1 8 ... 1 ...M7 7 83 1 f ... i 8 78 1 1 ...100 1 lav ; 1 J 1 ISl 1 1 ISO 1 138 1 180 1 1 ... 140| 1 1 1 144 1 1 147^ 1 ISOl ;; z z. z z t "; z. z z m Uawkeabury Bwt... 1 ... 1 OMTOode ■ I 1 Oarleton .i Kitley 1 ... 1 1 Kinmton , 2 11 1 ... 1 Do nlnoeBdwiurd!!! HMtlnsn Worthumberland Wolre Istand 1 ... 1 Oiiinden Bait > 1 ... 1 Hallowell I ... 1 Rpt. refused hy trustees 136$. S^mnoor 1 ... 1 Etobiooke : 1 ... l .. 1 filnuvM Medonte i 11 DiiContlnned IfUl. SSSSa^A !:;: Oneida 1 1 ... 1 VTatarloa Wellwler ■ 8 ... * 1 The Local Snperintendent rn< ports (1869) ■'Notwithstanil. iiifr the time these separate schools have Iioen in opera* tion, 1 liave never yet seen in them -a pupil in Ghcam- mar, or in Arithmetic, as Do Wihnot 1 ... 1 ... 1 Arthur ' 8 ... « VeUington Do pwth » Ikr as Simple Proportion." The Local flnperlntendent re< ports (1855) !-" This school bacompleteMlure,andou(' of the most irrpfnilarlr oon< ducted in the whole Coun* ty. 1 witnessed nothing in it but rudeness and bad discipline." Diwnntinued ISfiS. XicViol „....! 1 ... 1 Barthope South 1 ... l ... li MoKUloD • 1 ... 1 ^''\,\- Middleiu Weatminrter I ... I Z I Z WUlikma I ... 1 gtata :•"::::: Tarmonth • 1 ... 1 Maidstone l ... 1 Piscontinued 1830. ■Mnjr^ "^ luiden 1 ... 1 .. ;;; Difoontinued 185!). IK> ',Z.....V, 7 ... 7 '.. \ i These 7 Separate Sohools are Do HamUton. Do Kingston. Town ofBoUevilU Do Brantfor DO BrookviU Do Ooderioh Do Kium Do FWth .... ....*•.• •..••.••••.•.... * ... • 1 1 ,.. 1 established in 6 wards nl the City of Toronto. In the other ward (St George's) a corporation of Trustees ex* iits, but it has no school to manage. Discontinued 1868. UtlMMigh seven Seprate Soliools were applied for, only two have as yet been established. il 1 . I e , I .. I , .». 1 ... 1 , tf(*a**«- • .••(•••••••■•■•> I ■•■ K ■•• •! • ••• ••• *•• ••■ 1 ... 1 Do P«terb(r» Do ]>ioton... jugh 1 ... 1 I .. 1 Do I'MMIOtt Do Amlientl Do OlmthMn VnUmaaTFrarton Dp Thorold 1 ... I lurgh 1 . I , I ... 1 , 1 ... 1 I .. 1 1 Diaooiitinued 1S8S. ltd .}S4w|l4111S 1 a S 3 9 12' 9 1 14 1> 1 11 1 ' • n * Tbo total numlier of Separate Sohools in Upper Canada, including those not yet opened in the City of Kingston, is 68< ir«M/-In LowerCanada therewere48 Dissentient (Separate) Sohoolsin 18tl| dnce then th«rliave not been separately NiMrtad by tiie Superintendent of Bducation. TgiTOto,aMliApril.l8SS. " I . i< ii | i i i i ji|i|niM|i tan Catholic lEBVATIONS. led b:' trustees 1953. ned 1S81. Superintendent riv iSS) ■*NotwithNt«id> :inie these leparate lave been in opera* »ve never yet seen ~a pupil in Gfam> in AHthmetio, as nple Proportion." Superintendent re« 955}!-" TliU school >letefliilure,andou(' lost irrcfmlarly oon< In the whole Coun> Itnessed nothing in rudeness and bad le." ledlSSS. led 1850. ledlSSS. parate Sohools are led in 6 wards nl of Toronto. In the rd (St George's) a ion of Trustees ei< it lias no school to edl862. sevon Seprate srere applied for, have as yet been ed. id 1383. of Kingston, is 58. ot been separately 1 1